All cases initiated by the Office of the Special Prosecutor against the Bawku Central Member of Parliament have been dopped.
In court on Monday, the Special Prosecutor, Kissi Agyebeng, told the court of their intentions to drop all charges against the accused persons.
“We wish to inform the court of the republic’s intention to enter Nolle prosequi in respect of all cases against the accused person,” The Special Prosecutor told the court.
According to him, the decision to file a nolle prosiqui to drop the charges are premised on two grounds.
The first being that “upon further scrutiny, the Republic deem it unable to prove it case base on available evidence on the standard of proof on criminal bases – that is to prove beyond a reasonable doubt.”
The second reason he said, that, “this case appears certain to suffer the same fate as the earlier one with case number FT0122019 the Republic vs Hawa Nichema and six others which were dismissed on May 7, 2021, on the application of submission of no case to answer.”
The court presided over Justice Afia Serwah Asare-Botwe after listening to the SP discharged the accused persons.
Addressing journalists after the court sitting, Kissi Agyebeng, said the charges before the court do not satisfy the standard of proof of criminal cases and the state cannot prove beyond a reasonable doubt.
Lawyer for Mahama Ayariga, Godwin Edudzie Tamakloe expressed gratitude to the Special Prosecutor and maintained that they have been vindicated.
Background
The cases against Ayariga and others started by former SP Martin Alamisi Burnes Kaiser Amidu, who resigned his position in 2020, just days after the demise of his mentor Jerry John Rawlings.
Mr Amidu, Ghana’s first Special Prosecutor, 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.
Despite standing trial with six others on the former, the former Youth and Sports Minister was acquitted and discharged on Friday, May 7.
The case presided over by Justice Asare-Botwe acquitted and discharged all seven after it upheld a submission of no case filed by the defence lawyers.
But the latter case was still pending and trial.
He was accused of abusing his office after clearing three Toyota V8 vehicles without paying tax.
He was also sued for illegal transfer of foreign exchange from Ghana to Dubai without having the required license to undertake such a transaction.
One Kendrick Marfo, a car rental dealer, was joined to the suit for purchasing the “fraudulent” vehicles from Mr Ayariga. Mr Marfo, 50, is also accused of deliberately evading tax in the purchase of the vehicles from the lawmaker
In respect of section 54 (a) of act 30 as amended by section 80 (2(b of the
1. First being that upon further scrutiny Republic deem it unable to prove it case base on available evidence on the standard of Prof on criminal bases that is prove beyond reasonable doubt.
2. This case appears certain to suffer the same fate as the earlier one FT0122019 the Republic vs Hawa which was dismissed on May 7, 2021, on the application of submission of no case to answer.
In the circumstances, there are no charges standing against the accused.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
