Counsel for Bawku Central Member of Parliament, Mahama Ayariga is seeking to challenge the qualification of Martin Amidu as Special Prosecutor and his capacity and remit to investigate alleged offences levelled against their client.
Mr. Ayariga has been hauled to court by the Special Prosecutor for alleged criminal offences including fraudulent evasion of customs, duties and taxes, using public office for private benefit, dealing in foreign exchange without licence and transfer of foreign exchange from Ghana through an unauthorised dealer.
Mr. Ayariga, however, seeks to contest the qualification of Martin Amidu as Special Prosecutor. He argues that the latter, on account of his age; 65 years, is not qualified to hold the Office of the Special Prosecutor since the holding of that office is in contravention of article 199 (1) and (4) of the 1992 Constitution of Ghana.
He is also seeking to challenge the capacity and remit of Mr. Amidu in the case. According to him, the specific counts levelled against him (Ayariga) do not fall within the remit or powers of the Special Prosecutor’s office considering the same has been mandated by law to prosecute offences relating solely to corruption.
Additionally, counsel of the accused, Mr. Ayariga is seeking to ascertain whether officers from the Special Prosecutor’s office have the right to use the solicitor general’s license.
Presiding judge, Justice Afia Botwe ordered that the defence lawyers simultaneously file their arguments for the applications set before the court by Wednesday so it is considered and moved subsequently.
The case has since been adjourned to Monday June 17, 2019.