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The court suspended its proceedings after Ayariga's counsel, Mr. Edudzi Tamakloe, filed an application for the court to suspend its proceedings pending the decision on an appeal to the Court of Appeal, filed on June 21st.
In their view, the issues raised related to fundamental constitutional issues that also relate to the application of the supreme law, and a decision on this constitutional issue would have the effect of terminating the entire process.
He clarified that the case concerned the question of whether the indictment signed by Mr. Amidu should be based on the capacity mentioned. He stated that if the court felt that he was not qualified to fill the position, we argue that the whole case must come to an end.
Counsel for the second and third accused joined Mr. Tamakloe's arguments, while those of the first, fourth, fifth and sixth accused told the court that they were indifferent.
However, the prosecution, led by Michael Baafi of the Special Prosecutor's Office, objected to the petition, claiming that the council had also failed to disclose any special circumstances and had nowhere in the relief sought from the court. to refer the constitutional allegation to the Supreme Court.
He stated that this request was simply to strike the indictment; "Suspending this application will mean that you prevent the smooth running of the trial, which tends to create a state of chaos. Reject the application and authorize the continuation of this lawsuit. "
The Court, presided over by Judge Afia Serwaa Asare Botwe, however, granted the stay on the grounds that the interim status of the special prosecutor was challenged before the Supreme Court, which had to decide if he was not the right person. . to occupy this position, it meant that the trial of this court would have ended.
She added that if this happens, the trial would be held in full trial, and the others would be testifying.
She said the challenge was launched a long time ago, for about a year now. The arguments are closed and everyone has tabled what they were supposed to do. The addition of a judge to replace Adinyire JA delayed the judgment.
"I am ready to wait to respect the decision of the Supreme Court. During the holidays, the new judge would be responsible for making his decision. I would grant the stay.
The court also ordered the accused to appear before him once a month until the decision was read by the Supreme Court.
The case was then postponed until 23 October.
Ayariga and the other six face charges of conspiracy, conspiracy, violation of Ghana's request for estimate, use of public office and currency transfer procedure by the government. 39, the intermediary of an unauthorized reseller.
Among these six personalities are Hajia Hawa Ninchema, Executive Director of Bawku, Sumaila Ewuntomah Abudu, Former Director of Municipal Coordination of the Bawku Municipal Assembly (BMA), Alex Vadze, Head of Procurement, BMA, Alhaji Abdul Mumuni Jesewunde , BMA Municipal Finance Officer, Mary-Stella Bawku, Adapesa's Municipal Director of Health, and Mumuni Yakubu Nambe, Member of the Assembly, BMA.
The seven accused allegedly acted together to import an ambulance without following the legal purchase process.
They all pleaded not guilty to all seven counts.
Ayariga has a bail of 100,000 GH, while the other six have also been released on bail for 50,000 GH with two bonds each. The court said one of the guarantees was to be a resident of Accra, as the six defendants are all based in the far eastern region.
The court also ordered all defendants to file their pbadports with the court and to notify the court in writing whenever they plan to travel.
Moreover, in another case, a case against Ayariga and another in the same court, on charges of using a public mandate for private purposes, was postponed until 23 October of that year. to allow the court to rule on an application to set aside the charges. .
The court ordered the parties to file their legal arguments no later than August 8.
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