Respect Mahama Ayariga’s parliamentary immunity – Speaker tells Court

The Speaker of Parliament, Prof. Mike Oquaye has risen to the defence of the Bawku Central Member of parliament, Mahama Ayariga asking the Accra High court to respect the lawmaker’s Parliamentary privilege and Immunity, entrenched in the 1992 Constitution.

The Financial and Economic Court 2 Division of the Accra High Court, presided over by Justice Afia Serwaa Asare Botwe, on Tuesday ordered the Member of Parliament for Bawku Central, Mr Mahama Ayariga to make himself available throughout his trial concerning some criminal charges leveled against him by the Office of the Special Prosecutor.

According to the court, it is aware of the immunity accorded lawmakers, including the guidelines issued by the Speaker of Parliament, Prof Aaron Mike Oquaye regarding how the judiciary deals with MPs, but said since the embattled MP was not hauled before the court as a witness but as an accused person, the certificate issued by the Speaker as well as the provisions of Article 118(2) are not applicable to him, and, therefore, must appear before court at all times in relation to the trial.

The presiding judge further explained that Article 118(2) of the 1992 Constitution is explicit on the matter, hence the Bawku Central MP cannot hide under it that law for prosecutorial immunity.

But in a letter addressed to the Registrar of the High Court, Financial Court 2, and a copy sighted by Kasapafmonline.com brought to the the court’s attention referencing various articles under the 1992 constitution, the unfair treatment which the MP was being subjected to by the court, asking that Mahama Ayariga be treated in accordance with the law.

“Kindly bring to the court’s attention, the above constitutional provisions, my Ruling on parliamentary privileges and Immunities, and the hope that while recognizing that no one is above the law, yet privileges provided under the constitution are also applied” the Speaker wrote in his letter addressed to the High Court.



Below is a copy of Speaker’s letter