An Accra High court has ruled, Special Prosecutor Martin Amidu can prosecute Bawku Central MP Mahama Ayariga, dismissing applications filed by the NDC MP.
The embattled opposition MP Mahama Ayariga had challenged the Special Prosecutor’s capacity to hold public office, arguing the 66-year old Martin Amidu was beyond the mandatory retirement age of 65.
His lawyers also maintained the crimes their client has been charged with are not listed among those which the Special Prosecutor is allowed by law to prosecute.
Mahama Ayariga is standing trial for charges including tax evasion and abuse of office for personal gain.
Justice Afia Asare Botwe in her ruling dismissed both applications. She ruled, the offences which Mahama Ayariga is contesting are catered for in the Act setting up the office of the Special Prosecutor.
She pointed out, they are under “any other relevant law” in the Act.
The High court judge also ruled Martin Amidu has been duly appointed and sworn in as the Special Prosecutor despite a case challenging his eligibility pending at the Supreme Court.
She stated that the court will resist any temptation to rule on a case the Supreme Court has to deal with. Amidu, she said, can prosecute because there is no injunction on him from the Supreme Court.
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