Supreme Court could give clarity on MP immunity – Kpemka
A Deputy Attorney-General, Joseph Kpemka, says it may take the Supreme Court to bring finality to seeming impasse between Parliament and the judiciary over the Mahama Ayariga court case.
The impasse is over concerns the court may be breaching the MP’s immunity privileges.
“The gamut of all those write-ups can be put to rest if somebody tries to test this in the Supreme Court,” Mr. Kpemka said of the impasse to Citi News.
“Otherwise, any other person pronouncement on the matter will be in the realms of individual idiosyncrasies and views on matters. We will need perhaps a pronouncement that will put finality.”
An Accra High Court on Tuesday ordered Mahama Ayariga to appear whenever the case brought against him by the office of the Special Prosecutor is called, despite a certificate issued by the Speaker of Parliament calling for the Bawku Central legislator’s immunity to be respected.
The Minority Leader, Haruna Iddrisu, has already hinted at heading to the Supreme Court over the matter.
Mr. Kpemka cautioned that the misunderstanding between the legislature and the judiciary is not good for the country’s democracy.
In the meantime, he said the Speaker of Parliament’s pronouncements “is what is going to guide this house.”
Mr. Ayariga challenged the Special Prosecutor, Martin Amidu, who is pursuing him in court over the charges of tax evasion and fraud insisting that the Special Prosecutor must follow due process as he probes the allegations.
He is accused of fraudulently evading customs duties and taxes by paying GHc6,062.86 instead of the approved duties and taxes of GHc36,597.15 to clear three Toyota V8 Land Cruisers.
He is also accused of allegedly abusing his office as a public officer for his private benefit by selling the three Toyota V8 Land Cruisers meant to be used for your official duties as a Member of Parliament to Kendrick Akwasi Marfo of ATLAS-Rent-A-Car at a price of GHc40,000 each.
Mr Amidu sued Mr Ayariga and subsequently wrote to the Speaker of Parliament, Prof. Aaron Mike Oquaye to “release” the Bawku Central legislator to appear in court on Tuesday to answer to the criminal charges against him.