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Deputy Attorney General Joseph Kpemka said his team would ensure that parliamentarians do not have to appear in court on sitting days in the House.
It was after Tuesday's clash between the two branches of government – the parliament and the judiciary – following an order by a high court in Accra that Mahama Ayariga, a Bawku member of parliament, was forced to give up his parliamentary functions and to defend the accusations of corruption brought against him by the Special Prosecutor.
Judge Afia Botwe, Judge, said on Tuesday that Mr Ayariga, who faces tax evasion cases and bus-related problems for his constituency, must introduce himself at his trial whenever he is required to do so.
Judge Botwe rejected a certificate issued by the Speaker of Parliament, Mike Oquaye, informing the court that the MP had work to do in Parliament.
Previously, Mr. Ayariga had written to the Special Prosecutor to clarify that he could not appear in court because of parliamentary procedure. But the judge ruled against the certificate and ordered the member to go to court whenever it was necessary because he was not a witness.
Read also: Ayariga lawsuit: court rejects president's certificate
Mahama Ayariga is tried by the High Court
But speaking on the development with JoyNews reporter Joseph Opoku Gapko, the deputy vice president said that, from now on, the President's ruling will guide the Department in its prosecutions, especially those involving MPs.
"Until further notice, what Mr. President [Prof Mike Oquaye] said, is what will guide this House and will guide the Attorney General's prosecution in our lawsuits so that we do not act contrary to the directive or the decision that was made by the President, "Kpemka said .
Context
The MP was seized of two cases concerning the purchase of ambulances for his constituents and tax evasion.
Previously, Mr. Ayariga had written to the Special Prosecutor to clarify that he could not appear in court because of parliamentary procedure.
His lawyer, Godwin Tamakloe, told court Tuesday that Mr. Ayariga was not available.
Judge Botwe said that the case could not progress without the member having handed the lawyers up to 1 pm to make sure he was present.
The MP appeared in court 10 hours before 1 pm, with his lawyers presenting a certificate issued by the Speaker of the Parliament informing the court that the MP had parliamentary work.
Read also: Ayariga beats the 13-hour hearing deadline
But Judge Botwe said that it was not tenable because Mr. Ayariga was not a court witness and the state attorneys had not attempted to serve him a sentence. judiciary process.
She concluded that he had been duly charged and served and that he would therefore have no excuse for failing to appear in court whenever it would be necessary.
The judge adjourned the case on June 10 to hear the arguments of Mr. Ayariga's lawyers against the charges against him.
The minority leader, Haruna Iddrisu, who was reacting to the decision, said it would affect the work of Parliament. He also indicated his intention to challenge the decision in the Supreme Court.
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