The Member of Parliament for Bawku Central, Mahama Ayariga has counter-sued the Special Prosecutor Martin Amidu in the case where he is being charged for tax and duty evasion.
An application from Ayariga’s lawyers to the Accra High Court asked the court to strike out the charge sheet of Martin Amidu against Ayariga.
The lawyers also want the court to bar Martin Amidu from proceeding with any criminal prosecution against Mahama Ayariga citing among other reasons that the Special Prosecutor did not fit to act in the capacity of a Special Prosecutor due to his age.
“I have been advised by Counsel and verily believe same to be true that the Special Prosecutor, Martin Amidu who is above 65 years is not qualified to hold the Office of Special Prosecutor since the holding of that office is in contravention of article 1991 (11) and (4) if the 1992 Constitution of Ghana,” Ayariga’s counter-suit said.
His lawyers argue that due to his disqualification, Martin Amidu, “has no capacity in law to append his signature on the charge sheet” and therefore the charge sheet signed by him is defective and do not have legal effect.
Martin Amidu’s suit against Ayariga was filed some two weeks ago with five charges levelled against the Member of Parliament.
Martin Amidu alleged that Mahama Ayariga abused the privileges he enjoys a Member of Parliament by getting a loan for a car but connived with a private company to secure the funds and import three cheaper vehicles from Dubai and failing to pay duty for them under the guise that they were for official duties.
Amidu, therefore, levelled five charges against Ayariga but the latter wants the charges to be scrapped and declared “null and void.”
The court is expected to sit on the application on Tuesday, June 4, 2019.
Source: citinewsroom.com
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I remember vividly how I sat in the court room from 9am to about 5:30pm, listening to Justice Charles Quist read his judgment in the matter of Hon. Adamu Daramani. After reading and before passing judgment, he asked whether counsel for Hon. Adamu had anything to say. Yoni Kulendi who was the lead lawyer for Hon. Adamu rose to his feet and his typical style, leaned on one side of his hand whilst pulling his gown to rest properly on his shoulders. He tried to mitigate since it was obvious they had lost the case and he pleaded with the Judge among other things to be lenient since Hon. Adamu was a victim of circumstances. Justice Quist then read the sentence convicting Hon. Adamu to 6yrs in prison on the 3 remaining charges to be run concurrently. What was his crime? Did he physically hurt someone? No! Did he trade in banned substances? No! Did he steal money belonging to the state? No! Did he try to cheat the state by evading taxes? No! His crime as successfully proven by the prosecution was that he acquired a series of foreign passports which puts his Ghanaian citizenship in doubt. Earlier, the prosecution had even sought to argue that he was a pure Burkinabe because of his name Sakande. But everyone including Sumaila Bielbiel who was the precursor to the case or his pay master Hon. Mahama Ayariga knew very well that if you wanted a definition of a pure Ghanaian then Hon. Adamu was an example of one with a clear line of ancestry dating back to the 13th century right here in Ghana. Nonetheless, they threw all this knowledge away and collaborated with the prosecution to attempt proving their claim that he was not Ghanaian but Burkinabe. After the the judgement was read, I struggled to control my tears from dropping. Other well wishers could not stop crying. It was the day I saw Salley Delwinde weep like a child as Hon. Adamu was escorted to the Nsawam prisons. Today it is the turn of Hon. Mahama Ayariga who is/was the boss of the one who instigated the case against Hon. Adamu. What is his crime? He has been accused of evading taxes. Money that belongs to the state supposed to be used for development. He has also been accused of abuse of office and colluding with an agent to use the money given him for a different purpose. He has denied these allegations but that is left with the court to decide. These are crimes if proven, are directly linked to the State in terms of finances and respect for public office but what do we hear from his well wishers.....oh he should be allowed to just pay difference back to the revenue authority and that will settle it. Really? Why did the court not just accept Hon. Adamu's late renounciation of his British citizenship but rather incarcerated him? Why didn't we hear them say...oh he has renounced his British citizenship so that should end the case? This is Hon. Ayariga's turn and we should all allow due process to be followed. The special prosecutor is not the judge but rather a mere prosecutor so there should not be any fear of bias against the legislator. If he is free of the charges, he will be acquitted and if he is also found guilty he should be made to suffer the consequences.
I don't know what this thieeeeef Ayariga is talking about, is it the office of special prosecution that took him to court or Martin Hamidu who took him to court? or if martin is dead today will the prosecution stop? I can't think far. by the way me be koo oo won ko aben nnsa ka wo.
Has Ayariga accepted to be guilty of the charges against him and challenging who can prosecute him or what?
family politics at it best, the two of them (ayeriga and amidu) must be put before family tribunal if not the issue will not be settle. they have their personal difference at family level.
Akufo Addo was involved in the drill ship sales saga, he stole and pocketed some of the money from the sales which is much more than that of Ayariga's, go after him first, TK Hammond and the npp government at the time, must face the same charge.
See tiff. SP please include the tractors, review whether he sold it for profit. He took 10 tractors.was he entitled to take 10?How can we have such persons in parliament? Crimi _ nal in Parliament.
Indeed Ayariga you are arrogant and am more than convince that you are guilty of all the charges and therefore wants to run away. The way you and your NDC gurus talk you would have by now published all your receipts or documents which show that you have paid either on social media or through you numerous press conferences but what do you see? just running away from the substantive issue even before it is heard by the court
You commit a criminal offence and you think you are above the law. ***barred word***. Can Ayariga tell Ghanaians that he has never absented himself from parliamentary seatings for any reason since he became a parliamentarian. The law will certainly catch up on him. One of the thievvess in suit.
Its his right and the laws must be tested. First to court does not mean automatic win
No wonder Ayariga is clinging to straw! I believe his law lecturers are wailing now. Remember how he lied and his recalcitrant posture during the Agyarko "bribery" saga at parliament? Has he ever practised as a lawyer or just like Anas he uses his law certificate as a cover-up to dupe people and the nation? These educated and law graduates of the north are disgracing northerners by their disgracceful actions and inactions!