In its ruling on Monday, June 17, 2019, the courtroom held that making a determination on the ability of Martin Amidu intended the court would be usurping the powers of the Supreme Court and also prevent him [Amidu] from operating.
The court docket presided about by Justice Afia Serwaa Asare-Botwe, she dominated that “Mr Amidu is the unique prosecutor right until the Supreme Courtroom retains in any other case, the presiding decide.”
In the meantime, he [Ayariga] has been granted a self recognisance bail of GH¢100,000 following pleading not guilty to rates of abuse of community place of work amongst other offences.
The Courtroom also admitted the remaining six accused folks which include the Municipal Chief Government for Bawku, Hajia Hawa Ninche to a bail of GH¢50,000 with two sureties.
The courtroom more directed the accused to go away their passports with the court registry.
Legal professionals for the MP argued that Amidu was over 65-many years as of the time he was nominated and approved as Distinctive Prosecutor and, hence, per Post 199 (1) of the 1992 Structure, he is not competent to keep a public business.
Ayariga elevated preliminary authorized objection on the qualification of Martin Amidu, and the propriety of three of the expenses right before the court docket.
The prices struck out in opposition to the MP were fraudulent evasion of customs responsibilities and taxes, dealing in international exchange devoid of licence and transfer of foreign trade from Ghana by an unauthorised vendor.
He is also demanding the potential of the Particular Prosecutor to cope with procurement challenges since the act that recognized the workplace explicitly said that Amidu can only investigate corruption related offences.
In advance of proceedings began, counsel for the MP, Godwin Kodjo Edudzi Tamakloe drew the court’s consideration to a certificate issued by the Speaker of Parliament, Mike Aaron Quaye, filed with the registrar of the court, to the effect that Mr Ayariga was attending parliamentary proceedings.
The said certification, which was issued pursuant to Report 118(2) of the 1992 Constitution, advised the accused could not be arraigned though he attends to parliamentary small business.
Short article 118 (1) of the 1992 Structure presents that, “Neither the Speaker, nor a member of, nor the Clerk to Parliament, shall be compelled even though attending Parliament to seem as a witness in any court or location out of Parliament.
Clause (2) additional supplies that, “The certification of the Speaker, that a member or the Clerk is attending the proceedings of Parliament, is conclusive evidence of attendance at Parliament.
Ayariga is facing two individual legal circumstances initiated by Martin Amidu.
In the initially scenario, he is alleged to have used his situation as MP to evade taxes by paying GH¢6,062.86, as an alternative of GH¢36,591.15, to clear some vehicles at the port.
The Particular Prosecutor also accused the NDC MP of allegedly abusing his office as a general public officer for his private advantage by “offering a few Toyota V8 Land Cruisers with registration numbers GR 2220-18, GR 2221-18 and GR 2222-18 meant to be utilised for his official obligations as a Member of Parliament to Kendrick Akwasi Marfo of ATLAS-Hire-A-Vehicle at a price of GH¢40,000 every.”
The MP among the other things is accused by Amidu of transferring “international trade from Ghana by an unauthorised supplier contrary to sections 15(3) and 29(1) of the International Exchange Act 2006, Act 723.”
Ayariga is jointly billed with one Kendrick Akwasi Marfo of ATLAS-Lease-A-Motor vehicle business.