The Accra High Court has passed an order for Bawku Central MP, Hon. Mahama Ayariga, to stand trial in a criminal case filed against him by the Special Prosecutor.
According to sources, Lawyer Justice Botwe pronounces a ruling after the court registry filled a certificate by the speaker of parliament in reference to the court outing to exempt Ayariga from the trail because of parliamentary proceedings.
However, Afia Serwah Asare- Botwe hinted that, in Article 117 of the 1992 Constitution, it noted that, 117.
The civil or criminal process coming from any court or place out of Parliament shall not be served on or executed in relation to, the Speaker or a member or the clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.
(1) Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled while attending Parliament to appear as a witness in any court or place out of Parliament.
(2) The certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance at Parliament.
She added that Ayariga is an accused person and not a witness, he is not immune to stand trial.
The case has however been adjourned to June 10, for Ayariga’s lawyers to move an application challenging the appropriateness of the charges levelled against him.