The lawyer for Mahama Ayariga, the MP for Bawku Central, has thanked the Special Prosecutor, Kissi Agyebeng, for dropping charges against the MP.
Godwin Edudzi Tameklo said that, in line with the processes of discovery, the prosecution shared with him and his client the evidence it intended to tender, which included letters from Société Générale bank.
He said the letter showed that the source of the cash was a car loan payable through deductions from the MP’s salary, and that there was evidence the bank had started making deductions.
“It was inconvincible to proceed with the prosecution of the MP. This has not come as a surprise. The new Special Prosecutor, in his good conscience, decided to file a nolle prosequi and he rightly indicated that the standard of evidence in criminal cases is to prove beyond reasonable doubt,” Tameklo said.
“We are grateful to the SP for allowing fairness … to prevail and to the court for upholding justice.”
Land Cruisers
On Monday (11 October), Agyebeng dropped charges against Mahama Ayariga and Kenrick Akwasi Marfo, a car rental dealer, for allegedly using his public office for private benefit in the purchase of brand new and second-hand Toyota Land Cruiser vehicles.
On 11 August 2019 he was charged on five counts in relation to the purchase of the vehicles.
However, Agyebeng entered a nolle prosequi (discontinuation) yesterday before an Accra high court. He told the court that the republic would be unable to prove its case, based on the available evidence, to the standards of proof that applies in criminal cases.
“The present case appears certain to suffer the same fate as Case No FT/012/2019, the Republic versus Hajia Hawa Ninchema and Six Others, which was dismissed on 7 May 2021 on a submission of no case to answer,” Agyebeng said.
After listening to the Special Prosecutor, the presiding judge, Afia Serwah Asare-Botwe, discharged the MP and Marfo.
Ambulance chasing
Ayariga, who had been facing two separate actions by the State, was acquitted and discharged in the first case – the Republic versus Hajia Hawa Ninchema and Six Others – in respect of alleged procurement breaches in the purchase of an ambulance for his constituency.
Marfo was charged on one count of collaboration with a public officer for the public officer’s private profit.
Both cases were initiated by Agyebeng’s predecessor, Martin Amidu, who resigned from his post on 16 November 2020.
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