Special Prosecutor Discontinues Case Against Mahama Ayariga

The Special Prosecutor, Kissi Agyebeng on Monday (11 October) entered a “nolle prosequi” in court to discontinue the case against Mahama Ayariga, the NDC Member of Parliament for Bawku Central.

 

Speaking to journalists on Monday Agyebeng said, “this morning [Monday] we entered a nolle prosequi in respect of the second case against Mahama Ayariga and Kenrick Marfo. It’s simple, when I assumed office, we have further scrutinised the docket on upon the available evidence we deem that the republic would unable to prove its case..

“It will be a complete waste of time if we were to open this case further and go to a length where it will only be dismissed on the submission of no case to answer,” Mr Agyebeng told journalists at the court.”

The move means Ayariga is a free man with regards to all pending criminal proceedings filed by the former Special Prosecutor, Martin Amidu.

Amidu had put the National Democratic Congress (NDC) MP on trial over two issues – breaching procurement processes in the purchase of some ambulances for his constituency and tax evasion in the importation of some “luxurious” vehicles.

Ayariga was charged with six others. 

He was accused of abusing his office after clearing three Toyota V8 vehicles without paying tax.

Ayariga was also sued for illegal transfer of foreign exchange from Ghana to Dubai without having the required license to undertake such transaction.

But on 7 May this year, he was acquitted and discharged by an Accra High Court.

The court presided over by Justice Afia Serwaah Asare-Botwe acquitted and discharged all seven after it upheld a submission of no case filed by the defence lawyers.

 

 

Defence Lawyer

The lawyer for the accused person, Godwin Edudzie Tamakloe, in a brief remark to journalists after the court hearing, said his client is grateful to the new Special Prosecutor for his decision not to continue with the case.

“It has not come to us as a surprise that the new Special Prosecutor has decided in good conscience to file a nolle prosequi and rightly so,

“He [Special Prosecutor] indicated that the evidential standard required in a criminal trial is proof beyond reasonable doubt and he is unable to do that with the evidence available.”

He added, “We are Graf to him and we are grateful to the court for what has happened today,” Lawyer Tamakloe said.

 

 

 

Facts of the case

According to the facts sheet of the action filed by the former Special Prosecutor, Parliament at its fifth sitting on 7 April, 2017 by a Resolution approved a loan agreement for the purchase of members official vehicles between the House and Societe General Ghana.

Out of this loan, each Member of Parliament was entitled to US$80,000.0 loan payable within a period of four years for the purchase of their official vehicle.

Members of Parliament, however, could only access the loan facility through a supplier and no Member of Parliament was entitled to personally collect the loan due them for the stated purpose for which the loan was secured or otherwise.

Ayariga (A1), however, connived with one Sheriff Ahmed Tijani Abdulai, who had registered a company called ASH Plantpool Limited (ASH Plantpool) with the sole aim of representing the company as the former’s supplier.

Mahama Ayariga according to the facts sheet, “then requested his share of the loan to be released to ASH Plantpool Limited as his supplier and the same was released to the company by Societe General- Ghana based on the approval of the Deputy Clerk of Parliament.

When the money was transferred into the company’s account, Seventy-Eight Thousand US Dollars (S78,000.00) was transferred to A1 personal account with Stanadard Chartered Bank- Opiebea House while Sherrif Ahmed Tijani Abdulai kept the remaining US$2,000.00 as his commission contrary to the loan agreement.

A1 then used the money to import three second hand Toyota V8 Land Cruisers from Dubai. He then applied for tax exemption to clear the three vehicles from the port and he was granted same on condition that he pays duties and taxes of GHC36, 591.15 upfront before the vehicles are cleared from the port since the duties and taxes on the vehicles exceeded his allowable tax exemption.

Instead of paying the amount stated as tax however, an amount of GHC6, 062.86 was rather paid by A1 to clear the vehicles from the port- Tema.

When the vehicles were cleared from the port, A1 instead of using them for his official duties for which reason tax exemption was granted to him sold them out to A2 at a cost of US$40,000.00 each of which A2 made part payment US$9,000 and promised to pay the outstanding balance in August 2018.

Investigations into the matter revealed that A1 transferred US$90,000 to Dubai for the purchase of the vehicles through an agent of his oversea supplier who had no licence to deal in foreign exchange transaction.

The investigations further revealed that though A2 knew the vehicles were exempted from customs duties and taxes, he failed to pay those exemptions before he purchased the vehicles neither did A1 pay those tax exemptions before the sale.