The Criminal Court Division of the Accra High Court has ruled that the Member of Parliament for Bawku Central, Mr. Mahama Ayariga, must make himself available for trial in a criminal case filed against him by the Special Prosecutor.
The High Court presided over by Justice Afia Serwah Asare-Botwe, stated that Article 118 of the 1992 Constitution only grant immunity to Members of Parliament in the course of their duty only when they have been invited, to testify in court as witnesses both in criminal and civil proceedings.
Article 118 (1) of the 1992 Constitution states that “neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled, while attending Parliament to appear as a witness in any court or place out of Parliament”.
Clause (2) of the same provision states that “the certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance at Parliament”.
Her Ladyship, Justice Asare-Botwe added that since Mr. Ayariga is an Accused person and not a witness, he is not immune to stand trial.
The Justice of the High Court rejected a certificate issued by the Speaker of Parliament, Professor Mike Oquaye, informing the Court that the Bawku Central MP had duties to perform in Parliament.
The criminal charges leveled against Mr. Ayariaga by the Special Prosecutor include tax evasion.
The case has been adjourned to June 10, 2019.
Source: GhanaJustice/S.Ayisi
