‘We shall fight back,’ he warned, arguing that the ‘NPP will not sit down unconcerned for the NDC to run the affairs of the country the way they want,’ he said. The Suame MP accused the Attorney-General and Minister of Justice, Martin Amidu for abandoning the Constitution to arrest Mr. Akyea.
Mr. Mensah-Bonsu was speaking in interview with Choice FM, moments after the Akim Abuakwa South MP was granted a police enquiry bail in the sum of GH¢100,000.00 with one surety.
IMMUNITY FROM SERVICE OF PROCESS & ARREST
According to the Minority Leader, MPs enjoy immunity from service of process and arrest, as stated in Articles 117 and 118 (2) of the 1992 Constitution and was, therefore, surprised why the A-G boycotted the Constitution and went ahead to order the arrest of Mr. Akyea. ‘That is most unfortunate,’ he argued.
Article 117 of the Constitution states ‘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 member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.’
Article 118 (2) of the Constitution also states: ‘The certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance in Parliament.’
‘What was done was a clear violation to Article 117 and 118 (2) of the Constitution,’ he added. Mr. Atta Akyea was arrested in the early hours of Tuesday, July 12, 2011, at the premises of an Accra High court at the instance of the Attorney-General (A-G), following an alleged stealing case and a fraudulent breach of trust the A-G’s department is investigating, in which he is the prime suspect.
Eye witness accounts said the police in the early hours on Tuesday, ambushed the vociferous MP and lawyer at the court premises and got him arrested at around 11am, when he was in the midst of close associates.
The Akim Abuakwa MP, according to eyewitnesses, did not resist arrest but quietly followed the CID personnel to the National Police Headquarters.
His lawyers, led by Yoni Kulendi, The Chronicle learnt, upon hearing the arrest immediately went to the police station to necessitate his bail. Mr. Atta Akyea is currently on a GH¢100,000.00 police enquiry bail.
POLITICAL WITCH-HUNTING
Mr. Atta Akyea accused the state apparatus of political witch-hunting moments after being released on bail.
Continuing, the Minority Leader said the Akim Abuakwa South MP was on his way to Parliament but decided to go to the High Court to sort out some few issues when he was arrested.
The Minority Leader said the A-G should have known better in the discharge of his duties since the rules of the General Legal Council clearly stipulates where the general public should channel their grievances to in case of any misconduct by a member of the Council.
‘The A-G should have known better. By the rules of their profession, if a member misconducts himself or herself in the discharge of his or her duties, that person should have been reported to the General Legal Council,’ he noted.
He blamed the government of witch-hunting and referred to the comments of the Founder of the NDC, Jerry John Rawlings at the party’s recently held Congress, in which called for judicial persecution of appointees of the previous NPP government, as what might have influenced the A-G to order for the arrest of Mr. Atta Akyea.
Mr. Rawlings, during the NDC’s Delegates Congress criticized his own party for failing to arrest and imprison alleged corrupt officials in the immediate past government, headed by Mr. John Agyekum Kufuor, when it assumed office.
Mr. Atta Akyea’s arrest comes barely 72 hours following the comments of the former President, John Rawlings.
WHY NOT ANITA DE SOSOO?
The Minority Leader again expressed disgust as to why the A-G has till date not shown interest in prosecuting the Women’s Organiser of the ruling NDC, Anita de Sosoo in the accident in which her vehicle ran into a group of people during the Atiwa bye-election, but rather has shown interest in a civil case which is ongoing at the High Court.
Earlier on Joy FM, Lawyer for the Akim Abuakwa South MP, Mr. Akoto Ampaw reiterated the comments of the Minority Leader and wondered why the A-G should show interest in a civil case which is before a court of competent jurisdiction.
He also argued that what the A-G did was a clear breach of the Constitution and the earlier he disassociates himself from the case, the better. Â Â Continued…Â Â Â
See the original post: