Two legal practitioners have backed a move by Bawku Central Legislator, Mahama Ayariga, to seek clarity on the extent of some of the privileges granted Parliamentarians.
Inusah Fuseini, also a Legislator and Martin Kpebu, a private legal practitioner, have said an ongoing tension between the Judiciary and the Legislature on whether a sitting Parliamentarian can be made to stand trial in a criminal offence provides an opportunity to get a constitutional interpretation from the apex court.
Related: Judge throws out Speaker of Parliament immunity letter again
“I subscribe to the attempt to go to the Supreme Court. We should have the court pronounce on this once and for all,” said Martin Kpebu Monday evening on PM Express.
Photo (above): Mr Kpebu
He said in England where a similar disagreement occurred, it took the country some five decades to resolve it.
“When it all begun, one day the [UK] Parliament imprisoned two judges for taking a decision that they thought infringed upon their privilege. They called the Judges before Parliament and cited them for contempt…there are other interesting cases. So in a democracy, these things happen,” Mr Kpebu added.
Mr Fuseini, Tamale Central Legislator also stated on the nightly programme on the Joy News channel on MultiTV that Ghana’s jurisprudence on the remits of the privileges and immunities can only be illustrated and better established if the Supreme Court makes a pronouncement.
Embattled legislator
Member Parliament for Bawku Central, Mahama Ayariga has said he will head to the Supreme Court to clarify the soundness of an Accra High Court ruling that will compel him to stand trial in a criminal case filed against him by the Special Prosecutor, Martin Amidu.
High Court judge, Justice Afia Serwah Asare-Botwe ruled that per Article 118 of the 1992 Constitution, legislators have immunity not to attend court in the course of their duty only when they have been invited to testify in court as witnesses.
According to her, since Ayariga is an accused person and not a witness, he is not immune to stand trial.
She also stressed that the rules of her court are entirely within her discretion and shall not be dictated by an MP’s privileges.
Charges
The MP is facing trial for allegedly using public office for private benefit after the court dropped three earlier charges.
The Special Prosecutor earlier charged Mr Ayariga with fraudulent evasion of customs duties and taxes, dealing in foreign exchange without a license and transfer of foreign exchange from Ghana through an unauthorised dealer.
But these were dropped because his lawyers argued that those charges do not under the purview of the Special Prosecutor’s office.
Watch the full episode of last night’s PM Express below.
Latest Stories
-
Appiatse disaster: Akufo-Addo to inaugurate 120 housing units
8 mins -
DJ Vyrusky out with new song ‘Follow Who Know Road’
16 mins -
Today’s front pages: Thursday, May 2, 2024
22 mins -
Government steps up efforts to pass new Labour Law
24 mins -
Seven ECG substations in Accra flooded over Wednesday’s downpour
34 mins -
Government to distribute 1.2 million textbooks to TVET schools
35 mins -
TEWU demands government must pay all Tier-2 deductions to fund managers
37 mins -
Cedi hits GH¢14.18 to a dollar; year-to-date loss reaches 13.45%
42 mins -
Akufo-Addo’s assertion of dumsor’s end misleading, says IES
1 hour -
Ghana registers 31 fresh COVID-19 infections
1 hour -
Vote for a government committed to upholding integrity of Public Service – GLOGSAG to Civil Servants
1 hour -
Kasoa protests ‘bad name’
1 hour -
Yaw Nsarkoh: Bit by bit we will understand China
8 hours -
Looted and returned: Asante royal artefacts on display for public viewing at Manhyia Museum
8 hours -
Suspected killer in Kasoa land dispute shooting not a National Security operative
9 hours