Mahama Ayariga, the Member of Parliament for Bawku Central, has asked the Accra High Court to halt a criminal case initiated against him by the Office of the Special Prosecutor (OSP).
Mahama Ayariga wants the court to stay proceedings of the trial in which he has been accused of acting unlawfully in the purchase of an ambulance for his constituency.
The MP wants the court to stay proceedings until his appeal at the Court of Appeal challenging the High Court’s decision strikes out the charges filed against him.
According to Mahama Ayariga, the decision to dismiss the charges filed against by the High Court is on the basis that the Special Prosecutor, Martin Amidu, was ineligible to hold the office because of his age, but the court dismissed it.
He has, however, appealed the decision at the Court of Appeal and wants the High Court to stay proceedings until it is determined.
Arguments
At Wednesday’s hearing counsel for the MP, Mr Godwin Edudzi Tamakloe, urged the court to stay proceedings of the trial.
According to him, the appeal affects the core of the trial because the eligibility of Martin Amidu to be the Special Prosecutor could render the trial null and void.
In response, the prosecutor, Micheal Baafi, urged the court to dismiss the application.
According to him, the MP would not suffer any harm if the trial was not halted but his appeal succeeds.
The court, presided over by Justice Afia Serwah Asare-Botwe, is expected to rule on the application on July 31,2019.
Background
The OSP has charged the MP and six others, including the current MCE for Bawku, Hajia Ninchema, for allegedly engaging in procurement breaches.
The seven accused persons are facing seven counts of conspiracy, abetment, contravention of the procedure for request for quotation, using public office for profit and transfer of foreign exchange from Ghana through an unauthorised dealer.
The seven are alleged to have acted together to import an ambulance without following due procurement process, as stipulated by law.
