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Mahama Ayariga's lawyers argue that Mr. Martin Amidu was over 65 at the time he was appointed and approved as a special prosecutor.
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Mahama Ayariga, Bawku MP, said the special prosecutor could not sue him because he was over the age of 60.
On Monday, the hon. Member's lawyers stated that Mr. Martin Amidu was over 65 at the time of his appointment and approval as a special prosecutor and, therefore, under section 199 (1) of the 1992 Constitution, he is not qualified for a public office.
As a result, the MP maintains that the indictment signed by Mr. Amidu, who opened the criminal proceedings against him, is defective and that, as a result, the case he is doing is the item should be declared void.
At Monday's hearing, the court asked the legal team to file its arguments within 72 hours, reported Graphiconline.
The opposition MP officially challenges the capacity of Mr. Martin Amidu, who dragged him to the High Court to prosecute him for corruption-related cases.
The cases concern the acquisition of an ambulance for his constituency and tax evasion. But Ayariga insists in his request, saying that Mr Amidu can not sue him for escaping the tax because it is not his competence.
Mahama Ayariga (right) and her lawyer, Godwin Edudzi Tamakloe, at the High Court's premises last week
Godwin Edudzi Tamakloe, a member of his legal team, in an interview with JoyNews, explained the reasoning behind their last move.
"We raised questions about the capabilities and qualifications of the special prosecutor. We also raised a question about the mandate of the special prosecutor. [relating to] the kind of offenses that he can investigate.
"The maker of the law [Parliament] stated that he could only investigate corruption and corruption-related offenses. We say that the case that the offenses that he committed against our client [Mahama Ayariga] do not fall within the mandate of the Special Prosecutor, "he said.
Ayariga's lawyers hope for a favorable decision on Monday, June 17, when the court will decide on their request, he added.
Read also: The judge's decision on the plea of indemnity is contempt – Ayariga's lawyer
Context:
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 the court last week that Mr. Ayariga was not available.
Judge Afia Botwe however said that the case could not progress without the MP, leaving the lawyers until 1 pm to make sure of his presence.
The MP went to court 10 minutes to 13 hours with his lawyers presenting a certificate issued by the Speaker of Parliament informing the court that the MP had parliamentary work.
Read also: Amidu met with MPs before the Ayariga court appearance
Judge Botwe, however, rejected the President's certificate on the grounds that it was not tenable, since Mr. Ayariga was not a witness in court, nor did the attorneys attempt to serve a trial on him. .
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.
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