Pay attention to Ayariga's privileges and immunity – Speaker in court

General News of Sunday, June 9, 2019

Source: clbadfmonline.com

2019-06-09

The Speaker of Parliament, Professor Mike Oquaye, wrote to the High Court, Mahama Ayariga, Bawku MP, to respect his constitutional privileges and legislator immunity, enshrined in the 1992 Constitution.

Mr. Ayariga is being prosecuted by the Special Prosecutor's Office for tax evasion.

On Tuesday, it took the president's intervention for the legislature to decide to leave parliament for the High Court, after the judge insisted that morning that Mr. Ayaria be personally available in court at 1 pm since he was the subject of criminal prosecution, he is therefore not entitled to his parliamentary immunity.

According to the judge, Mr. Ayariga would have been entitled to his parliamentary privileges and immunity if he had been invited to appear in court as a witness rather than an accused.

In a letter to the court following the appearance of Mr. Ayariga, Professor Oquaye stated: "I have attached a copy of the June 4, 2019 decision on this matter. In my decision, I emphasized the need to recognize the utility and relevance of the constitutional privileges and immunities conferred on the Speaker, Members of Parliament and Clerks of Parliament and, of course, other members of other branches of government. .

"The combined effect of the provisions on privileges and immunities is to ensure the proper administration of the judicial, legislative and executive governance of our Republic.

"In my decision, I indicated that I thought that the Court would respect these privileges and immunities and would manage the case in such a way as to ensure the respect of the objectives of justice, while ensuring that the work of Parliament as the institution and the representative function of the deputy for the people of Central Bawku will not be hindered.

"Please bring to the attention of the Court the aforementioned constitutional provisions, my decision on parliamentary privileges and immunities and the hope that, while recognizing that no one is above the law, the privileges provided by the Constitution are also applied, "said the President in his correspondence. which is produced below in its entirety.

The clerk

High Court (Financial Court 2)

Accra

Dear Sir Madam

PARLIAMENTARY PRIVILEGE AND IMMUNITY OF THE HON. MAHAMA AYARIGA

Please refer to the opening of an indictment proceeding against the Hon. Mahama Ayariga, Member of Parliament of Bawku Central before the High Court (Financial Court 2) on Tuesday, June 4, 2019 and subsequent hearings on motions relating thereto.

Parliament opened the second session of the Third Session of the Seventh Legislature of the Republic of Ghana. Parliament began its work for this badembly on May 28, 2019 and is scheduled to be adjourned sine die on August 2, 2019.

Therefore, please bring to the attention of the Court the following provisions of the 1992 Constitution.

1.Article 117 which reads as follows: "Civil and criminal proceedings by a court or from a seat outside Parliament shall not be purged or executed in relation to the President, the President or the President. Member of Parliament or Clerk of the Parliament while traveling to, or returning from, any proceedings of Parliament. "

2.Article 118 (1), which reads as follows: "Neither the President, nor the Member nor the Clerk of the Parliament shall be compelled to appear as witnesses before a Parliament, before any court or in any other place. outside of it. "

3.Article 122 which reads as follows: "An act or omission that interferes with a member or an officer of Parliament in the performance of his or her duties, undermines the dignity of Parliament or directly or indirectly to produce this result, constitutes contempt of Parliament. . "

On Tuesday, June 4, 2019, the Hon. A member drew the attention of the House on the invitation of the Special Prosecutor's Office inviting him to appear in court on that date. At that time, the Hon. The deputy had not received a criminal summons from the Honorable Court. The deputy. He also informed the House that his lawyers had told him that the Court had asked the hon. Members must go to court before 1 pm

Considering the arguments of the Hon. Member and director of Parliament, I then decided to take a decision on this subject in accordance with the aforementioned Articles of the 1992 Constitution and Articles 5 and 98 of the Parliament's Rules of Procedure. The decision included the release of the Hon. Member while the House was sitting to appear before this Court at the agreed time.

I have attached a copy of the decision of 4 June 2019 in this regard. In my decision, I emphasized the need to recognize the utility and relevance of the constitutional privileges and immunities conferred on the Speaker, Members of Parliament and Clerks of Parliament and, of course, other members of other branches of government. . The combined effect of the privilege and immunity provisions is to ensure the proper administration of the judicial, legislative and executive governance of our Republic. In my decision, I badured that the Court would respect these privileges and immunities and would manage the case judiciously, so that the objectives of justice are achieved and that the work of Parliament as an institution and function of the Member of the Central Bawku population will not be hindered.

Please bring to the attention of the Court the above-mentioned constitutional provisions, my decision on parliamentary privileges and immunities and the hope that, while recognizing that no one is above the law, the privileges provided by the Constitution are also applied.

Please accept the badurance of my highest esteem.

RT. HON. TEACHER. AARON MICHAEL OQUAYE
President of Parliament

CC: The Hon. Mahama Ayariga (MP, Central Bawku)
Parliament
Accra