The Member of Parliament for Bawku Central, Mahama Ayariga has counter-sued the Special Prosecutor Martin Amidu in the case where he is being charged for tax and duty evasion.
An application from Ayariga’s lawyers to the Accra High Court asked the court to strike out the charge sheet of Martin Amidu against Ayariga.
The lawyers also want the court to bar Martin Amidu from proceeding with any criminal prosecution against Mahama Ayariga citing among other reasons that the Special Prosecutor did not fit to act in the capacity of a Special Prosecutor due to his age.
“I have been advised by Counsel and verily believe same to be true that the Special Prosecutor, Martin Amidu who is above 65 years is not qualified to hold the Office of Special Prosecutor since the holding of that office is in contravention of article 1991 (11) and (4) if the 1992 Constitution of Ghana,” Ayariga’s counter-suit said.
His lawyers argue that due to his disqualification, Martin Amidu, “has no capacity in law to append his signature on the charge sheet” and therefore the charge sheet signed by him is defective and do not have legal effect.
Martin Amidu’s suit against Ayariga was filed some two weeks ago with five charges levelled against the Member of Parliament.
Martin Amidu alleged that Mahama Ayariga abused the privileges he enjoys a Member of Parliament by getting a loan for a car but connived with a private company to secure the funds and import three cheaper vehicles from Dubai and failing to pay duty for them under the guise that they were for official duties.
Amidu, therefore, levelled five charges against Ayariga but the latter wants the charges to be scrapped and declared “null and void.”
The court is expected to sit on the application on Tuesday, June 4, 2019.