The Accra Financial High court will today, Monday, 17 June 2019 rule on an application filed by the Member of Parliament for Bawku Central, Mahama Ayariga challenging the capacity of the Special Prosecutor, Mr. Martin Amidu to prosecute him on tax evasion charges.
Mr. Ayariga filed the motion after Mr. Amidu arraigned him for corruption-related cases.
The lawyers for Mr. Ayariga are arguing that Mr. Amidu was above 65 years as of the time he was nominated and approved as Special Prosecutor and, therefore, per Article 199 (1) of the 1992 Constitution, he is not qualified to hold a public office.
To this end, the lawyers for the legislator further argued that Mr. 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 has no legal effect.
Mr. Amidu’s suit against Mr. Ayariga was filed a few weeks ago with five charges leveled against the lawmaker.
Mr. Amidu alleged that Mr. Ayariga abused the privileges he enjoyed as an MP by conniving with a private company to secure a loan, import three cheaper vehicles from Dubai and failed to pay duties on them under the guise that they were for official duty.