SAINT-AYISI SAMUEL

Diverse opinions have ensued pursuant to the arrest warrant issued by the Koforidua High Court after convicting the Member of Parliament for Akwatia, Hon. Ernest Kumi, for contempt of court. The legitimacy of his seat is not the topic in contention in this article. The focus is whether the arrest warrant issued by the court is unconstitutional? Well, this has been elaborated below. The Constitution, 1992 has significant implications on the arrest of Members of Parliament (MPs). According to Article 117 of the Constitution, 1992, civil or criminal processes from any court or place outside Parliament cannot be served on or executed in relation to the Speaker, a member, or the clerk to Parliament while they are on their way to, attending, or returning from any proceedings of Parliament. Furthermore, the Constitution also provides that civil or criminal proceedings cannot be instituted against an MP in any court or place outside Parliament for any matter or thing brought by them in o...

The Office of the Special Prosecutor (OSP), has declared former Finance Minister, Ken Ofori-Atta, a wanted fugitive in connection with multiple corruption-related investigations. This declaration has sparked significant legal debate, regarding the OSP's authority and the broader legal implications of such an action. On February 12, 2025, the OSP announced that Mr. Ofori-Atta was wanted for questioning in several high-profile cases, including: the Strategic Mobilization-GRA Contract, termination of the ECG-GXC Contract, payments related to the National Cathedral, and the Ambulance Procurement Contract. The OSP stated that Mr. Ofori-Atta had failed to honor multiple invitations for questioning and had left the country indefinitely, citing medical reasons. The OSP expressed skepticism regarding the authenticity of the medical documentation provided and declared him a fugitive from justice. Legal Implications The OSP's declaration has been met with criticism from various le...