All proceedings initiated by the special prosecutor’s office against the central MP from Bawku were doped.
On Monday, Special Prosecutor Kissi Agyebeng notified the court of her intention to drop all charges against the defendants.
“We would like to inform the court about the intention of the republic to initiate all proceedings against the defendant Nolle-Prosequi,” the special prosecutor informed the court.
In his opinion, the decision to pay a Nolle Prosiqui to drop the charges was based on two grounds.
The first is that “on further examination, the Republic believes that it cannot prove its case base on the basis of available evidence on the basis of the standard of proof of criminal basis – that is, prove beyond doubt”.
As a second reason, he said that “this case will certainly suffer the same fate as the previous one with case number FT0122019 the Republic vs Hawa Nichema and six others to be answered on the 7th case.”
The court presided over Judge Afia Serwah Asare-Botwe after the SP released the defendants.
Kissi Agyebeng reached out to journalists after the court session and said the indictment in court did not meet the standard of evidence for criminal proceedings and the state could not prove beyond doubt.
Mahama Ayariga’s attorney Godwin Edudzie Tamakloe thanked the Special Prosecutor, claiming that they had been confirmed.
The proceedings against Ayariga and others were initiated by former SP Martin Alamisi Burnes Emperor Amidu, who stepped down in 2020, just days after the death of his mentor Jerry John Rawlings.
Mr. Amidu, Ghana’s first special prosecutor, had tried the National Democratic Congress (NDC) MP over two issues – breach of procurement procedures when buying some ambulances for his constituency and tax evasion when importing some “luxury” vehicles.
Although the former minister of youth and sport was tried along with six others, he was acquitted and released on Friday 7 May.
The case, headed by Judge Asare-Botwe, acquitted and dismissed all seven after failing to uphold a filing of any case filed by defense lawyers.
But the latter case was still pending and in court.
He was charged with abusing his office after evacuating three Toyota V8 vehicles.
He was also sued for illegally transferring foreign currency from Ghana to Dubai without having the required license to conduct such a transaction.
A car rental company, Kendrick Marfo, was included in the lawsuit for purchasing the “fraudulent” vehicles from Mr. Ayariga. The 50-year-old Marfo is also accused of deliberately evading taxes by the legislator when buying the vehicles
In relation to Section 54 (a) of Law 30 as amended by Section 80 (2 (b of
1. First, that on further scrutiny, the Republic is of the opinion that it is unable to prove its case base on available evidence according to Prof.’s standard on criminal grounds that have been unequivocally proven.
2. This case is certain to suffer the same fate as the earlier FT0122019 the Republic vs. Hawa case, which was dismissed on May 7, 2021, upon motion not to commence a lawsuit.
No charges have been brought against the defendant under the circumstances.