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Martin Amidu admits 'incompetence' in Mahama Ayariga's charge sheet

The Special Prosecutor, Martin Amidu has admitted 'errors' in the charge sheet against the Member of Parliament for Bawku Central, Mahama Ayariga.

Special Prosecutor, Martin Amidu and MP for Bawku Central, Mahama Ayariga

His admission comes after the Financial Court Division of the Accra High Court slashed charges slapped on Ayariga by Amidu.

The court in its ruling on Monday, June 17, 2019, said Martin Amidu, is not allowed by its law to prosecute the Bawku Central MP on charges of fraudulent evasion of taxes, fraudulent evasion of customs duties and dealing in foreign exchange without a license.

The court also held that making a determination on the capacity of Martin Amidu meant the court would be usurping the powers of the Supreme Court and also stop him [Amidu] from working.

Presided over by Justice Afia Serwaa Asare-Botwe, she ruled that "Mr Amidu is the special prosecutor until the Supreme Court holds otherwise, the presiding judge."

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But Martin Amidu in an interview with the Daily Graphic newspaper said "When I got the judgment, I had no doubt that the judge in the case did the right thing by not pronouncing on the ability of the office to investigate and prosecute under the Customs Act or the Foreign Exchange Act."

Ayariga is facing two separate criminal cases initiated by Martin Amidu.

In the first case, he is alleged to have used his position as MP to evade taxes by paying GH¢6,062.86, instead of GH¢36,591.15, to clear some vehicles at the port.

The Special Prosecutor also accused the NDC MP 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."

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The MP among other things is accused by Amidu 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."

Ayariga is jointly charged with one Kendrick Akwasi Marfo of ATLAS-Rent-A-Car company.

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