The Economic and Financial Crime Court has struck out four out of the five charges the Special Prosecutor Martin Amidu leveled against Member of Parliament (MP) for Bawku Central, Mahama Ayariga and a businessman.
The court presided over by Justice Afia Serwaa Asare Botwe granted the request of lawyers of Mahama Ayariga to strike out count 1, 3, 4 and 5 because they are offences that are not within the remit or powers of the Special Prosecutor and same cannot be prosecuted by the Office.
Mahama Ayariga and the second accused person, Kendrick Akwasi Marfo were charged with five counts: Count One, fraudulent evasion of Customs Duties and Taxes Contrary to Section 121 (2) (f) of the Customs Act, 2015 (Act 891); Count Two, using public office for private benefit contrary to Section 179C (a) of the Criminal Offences Act 1960 (Act 29); Count Three, fraudulent evasion of Customs Duties and Taxes Contrary to Section 121 (2) (f) of the Customs Act, 2015 (Act 891).
The rest are: Count Four, dealing in foreign exchange without license contrary to Section 3 (1) and 29 (1) (a) of the Foreign Exchange Act, 2006 (Act 723); and Count Five, transfer of foreign exchange from Ghana through an unauthorized dealer contrary to Section 15(3) and 29(1) (a) of the Foreign Exchange Act, 2006 (Act 723).
According to the court, the particulars of the offences struck out did not relate to corruption or corruption related offences and are, therefore, not under the remit of the Office of the Special Prosecutor.
The court however dismissed an application by the Bawku Central MP, Mahama Ayariga, challenging the qualification of the Special Prosecutor, Mr. Martin Amidu, to bring charges against him.
The affidavit filed last week in support of Mr. Ayariga’s motion had argued that Mr. Amidu was not a legitimate holder of the Office of Special Prosecutor of the Republic of Ghana, 3news.com’s Komla Klutse reports.
More to follow
Source: 3news.com | Ghana
The post Court strikes out 4 charges in a against Ayariga appeared first on 3news.
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