Mobile Telecommunications Network (MTN) has been ordered by an Accra Circuit Court to produce the audio records of a conversation between Mahama Ayariga and an officer of the Ghana Revenue Authority (GRA).
This follows a court order secured to the effect by the Special Prosecutor, Martin Alamisi Amidu.
The Ghanaian Times reports that the court gave the order on January 22, 2019 with MTN expected to produce records of chats between the Bawku Central MP and an officer of GRA.
Arguing out his case in front of a court presided over by Justice Ruby Naa Adjeley-Quayson, Mr. Amidu said the Director General of Criminal Investigations Department (CID) of the Ghana Police Service has given his office the go-ahead to conduct a forensic examination on three mobile phone numbers.
He pointed to the Electronic Transaction Act, Act 2008(Act 772) of Section 100, 101 and 103 and urged the court to exercise its powers.
He noted that the information he wanted was between December 2018 and January 2019.
The Special Prosecutor’s request was duly granted by the Presiding Judge, Ruby Naa Adjeley.
To this end, MTN has been asked to produce records of the conversations between the MP and GRA staff, dated December 1, 2018, to January 6, 2019.
This comes after Mr. Amidu reported Mr Ayariga to the Economic and Organised Crime Organisation (EOCO) in August 2018.
The Special Prosecutor accused the legislator of using various means to block an investigation being carried out on him (Ayariga).
Meanwhile, Mr Amidu has indicated that he is very likely to make prosecutions this year, following what was described by many as a dormant first year in office.
But the Member of Parliament (MP) for Bawku Central, Mahama Ayariga, has urged telecommunications company MTN not to yield to a court order to provide details of his phone call records to Special Prosecutor Martin Amidu, as he will challenge the Circuit Court order in court.
“I, however, think that in the interest of developing clarity on the law protecting the privacy of the communication of Ghanaian citizens on mobile telecommunications platforms, and setting proper precedents, the breath of the court order should be subjected to legal scrutiny. I have, therefore, instructed my lawyers accordingly.
“I believe that MTN is properly advised not to hastily yield to this clearly over-broad order in the interest of their customers. MTN must be seen to exhaust all legal challenges,” Mr Ayariga said on Thursday, 24 January 2019.
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