The Accra High Court has thrown out an application by the Member of Parliament (MP) for Bawku Central, Mahama Ayariga.
The application was an attempt to challenge the capacity of the Special Prosecutor, Martin Amidu, with respect to prosecution of Ayariga.
Ayariga argued that Amidu is above 65 years and, therefore, per Article 199 (1) and (4) of the 1992 Constitution, he is not ‘qualified’ to hold the office of Special Prosecutor, which is a public office.
However, in a ruling on Monday, June 17, 2019, the court held that making a determination on Amidu’s capacity meant the court would usurp the powers of the Supreme Court and virtually stop Amidu from working.
“Amidu is the special prosecutor until the Supreme Court holds otherwise, the presiding judge”, Justice Afia Serwaa Asare-Botwe ruled.
Per a report by Graphic.com.gh, the court also struck out three charges levelled against Ayariga, as well as another charge against a businessman, who was alleged to have helped the MP evade taxes.
The charges struck out against the MP were fraudulent evasion of customs duties and taxes, dealing in foreign exchange without licence and transfer of foreign exchange from Ghana through an unauthorised dealer.
With regard to the businessman, Kendrick Akwasi Marfo, the court struck out the charge of fraudulent evasion of customs duties and taxes.
According to the court, the particulars of those offences did not relate to corruption or corruption related offences and are, therefore, not under the remit of the Office of the Special Prosecutor (OSP).
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