Ayariga dares Amidu | General News 2019-06-11

General News on Tuesday, June 11, 2019

Source: dailyguidenetwork.com

2019-06-11

Mahama Ayariga, a member of Bawku Central's parliament, challenged the capacity and qualifications of the special prosecutor, Martin ABK Amidu, to investigate him.

In a petition filed in a high court in Accra, the NDC MP claimed that the charges against him by the special prosecutor did not fall within the powers conferred on him by Parliament. therefore, he does not have the power to investigate and prosecute him.

Once again, the hon. Member argued that Mr. Amidu was over 65 years old and was therefore disqualified from holding the position of Special Prosecutor, as provided for in the 1992 Constitution.

Tax Fraud

The NDC MP was sued by Martin ABK Amidu, accused of tax evasion, using parliamentary privileges to import three Toyota V8 vehicles into the country.

Mr. Ayariga allegedly fraudulently evaded customs duties and taxes when importing vehicles into the country.

He is also in court with six other people as a result of charges relating to the purchase of ambulances by the MP.

The member had attempted to use parliamentary privileges (section 118) which, in his opinion, did not allow him to be sued in the exercise of their parliamentary functions.

But the president of the court issued an order that effectively compelled Mr. Ayariga to make himself available to the court for trial whenever the case was supposed to arise.

In her decision based on an application filed by her lawyer to that effect, the judge indicated that Mr. Ayariga was appearing in court as an accused and not as a witness, which is why this article can not stand.

Capacity Challenge

The case is still in the preliminary stage, but the member's lawyers are taking steps to ensure that the trial does not go beyond this stage.

They subsequently filed two separate applications challenging the qualifications and capabilities of the special prosecutor who initiated the proceedings to have his client brought to court.

The court, presided over by Judge Afia Serwaa Asare Botwe, did not discuss the issue of bail, as the charges leading to the trial were disputed.

In his application, Mr. Ayariga baderted that Mr. Amidu's decision to sign the court indictment returns rendered them void and without legal effect, as he was not qualified to occupy himself the Office of the Special Prosecutor.

He also stated that three of the five counts – fraudulent customs and tax fraud, unlicensed foreign exchange trading and the transfer of foreign currency from Ghana through an unauthorized reseller – are not the responsibility of the Special Prosecutor. and can not be pursued by him.

He also challenges Mr. Amidu's power to investigate and prosecute public procurement issues.

The member is asking the court to strike the charges against him.

Amidu's answer

In an opposition, Mr. Amidu, in an affidavit, described the member's comments that the case should be dismissed as vexatious and an abuse of judicial proceedings to defeat his trial.

According to him, the issue of his qualification to occupy the Special Prosecutor's Office is before the Supreme Court and the court, following an application, has struck off his name as a party to the prosecution.

He stated that the plaintiff in this action did not apply to the court for an order preventing him from performing his duties and that, therefore, there was nothing to prevent him from exercising his duties. his functions as they had been conferred on him.

He further argued that the High Court where the current motion is located does not have the power to interpret the constitution to determine whether he is qualified or not, because only the Supreme Court is vested with such powers.

Whatever the outcome of the case in the Supreme Court, it is unlikely that his appointment will be retroactively retroactive, as this would make the entire Office of the Prosecutor special and all those appointed and the tasks performed.

Mr. Amidu concluded that the charges challenged by Mr. Ayariga fall within the jurisdiction of his office.

case

The president of the court ordered the prosecution and the defense to file their arguments at the same time at 3 pm tomorrow to make its decision on Monday, July 17, 2019.