Speaker of Parliament, Prof. Mike Oquaye wants the court to try Member of Parliament (MP) for Bawku Central MP, Mahama Ayariga in a manner that does not conflict with his schedule as a sitting member of the House.
According to the Speaker, there is a reason why the constitution provides some protection for MPs from court summons and prosecution.
The measure, he said, is to prevent disruption of the activities of Parliament.
The High Court has ordered the Member Parliament of Bawku Central, Mahama Ayariga to ensure he is available to the court anytime his criminal case is heard.
According to the court, the immunity enjoyed by parliamentarians in article 118 (2) is for only when they are to appear as witnesses and not as the defendants.
However, giving his ruling on an application brought to him by Mahama Ayariga regarding a summons to him from the court to answer to charges proferred against him, Prof. Oquaye indicated that the court can try Ayariga on days parliament does not sit and during its recess.
“In any event, the House doesn’t sit all year around neither does it undertake its activities all year round. Similarly, members are not on their way There are periods of recess and there are periods within the week that the house doesn’t sit or work in committee. A process from the court or a place may served at times that do not affect Article 117. Also, as has been the noticing the constitutional are reminded to court proceedings accommodate a legislative to ensure a smooth process.”
The suit
Mahama Ayariga has been arraigned by the state for two separate cases which involve allegations of procurement breaches in the purchase of some ambulances for his constituency as well as personal cars for himself.
Martin Amidu, in his suit against Mahama Ayariga on the purchase of personal cars, alleged that the legislator abused the privileges he enjoys as 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 appropriate duty for them under the guise that they were for official duties.
The two cases have since been adjourned to June 10, 2019, due to some applications filed by lawyers of Mr. Ayariga seeking to have the charge sheet which has not been read yet struck out due to its propriety.