The Member of Parliament for Bawku Central, Mahama Ayariga, has filed an application challenging the capacity of the Special Prosecutor, Martin Amidu, to prosecute him for alleged procurement infractions.
Lawyers for Ayariga are arguing that Amidu was above 65-years as of the time he was nominated and approved as Special Prosecutor and, therefore, per Article 199 (1) of the 1992 Constitution, he is not qualified to hold a public office.
In view of that, it is the MP’s case that the charge sheet signed by Mr Amidu which initiated the criminal proceedings against him is defective and, therefore, the case against him is a nullity.
At Monday’s hearing, the court directed the legal team to file their legal arguments within 72 hours.
The court is expected to make a ruling on the application on Monday, June 17, 2019.
Martin Amidu to prosecute Mahama Ayariga for Duty and Tax Evasion
The Special Prosecutor, Martin Amidu is set to prosecute MP for Bawku Central, Mahama Ayariga for evading customs duties and taxes contrary to section 121(2) of the Customs Act, 2015 (ACT 891).
According to the bill of indictment sighted by Prime News Ghana, “Mahama Ayariga aged 44 years in November 2017 at Tema in the Greater Accra Region did fraudulently evade customs duties and taxes by paying GH¢6,062.86 instead of the approved duties and taxes of GH¢36,597.15 to clear three Toyota V8 Land Cruisers.”
Mahama Ayariga is also accused of allegedly abusing his office as a public officer for his private benefit by “selling three Toyota V8 Land Cruisers with registration numbers GR 2220-18, GR 2221-18 and GR 2222-18 meant to be used for his official duties as a Member of Parliament to Kendrick Akwasi Marfo of ATLAS-Rent-A-Car at a price of GH¢40,000 each.”
The Bawku Central MP is also among other things being accused by the Special Prosecutor of transferring “foreign exchange from Ghana through an unauthorised dealer contrary to sections 15(3) and 29(1) of the Foreign Exchange Act 2006, Act 723.”
Mahama Ayariga is jointly charged with one Kendrick Akwasi Marfo of ATLAS-Rent-A-Car company.
- Parliament suspends sitting over Mahama Ayariga’s prosecution
- Mahama Ayariga rescinds decision, appears in court