No evidence to nail Ayariga; OSP

October 12, 2021 By 0 Comments

The Office of the Special Prosecutor (OSP), an independent and specialised prosecutorial anti-graft agency, has entered a nolle prosequi in respect of all the charges and counts in the case of the Republic versus Mahama Ayariga and Another.

The Office filed the process yesterday, following a thorough review of the available evidence, a statement issued Monday, October 11, 2021, read.

The release indicated that upon further scrutiny of the available evidence, the Republic would be unable to prove its case at the standard of proof required in criminal cases, viz, beyond reasonable doubt.

Again, the statement noted that the present case appears certain to suffer the same fate as case No. FT/012/2019, the Republic versus Hajia Ninhema & six others, which was dismissed on May 7, 2021, on the submission of no case to answer.

It would be recalled that the accused, Mahama Ayariga, Member of Parliament for Bawku Central, has been facing two separate actions by the state.

He was acquitted and discharged in the first case, mentioned above, which had to do with alleged procurement breaches in the purchase of brand-new second-hand Toyota Landcruiser vehicles.

The first accused person in the second case, Mahama Ayariga, on August 11, 2019 was charged on five counts of using public office for private benefit.

He was also charged with abusing his position as a public official by purchasing a brand-new, used Toyota Landcruiser.

The second person, in the second case, Kenerick Akwasi Marfo, a car rental dealer, was charged with one count of collaboration with a public officer for the public officer’s private profit.

Readers may recall that when the former Special Prosecutor, Martin Amidu, opened this case, many argued that it was to settle personal differences.

The discussion was that Mr. Amidu was using his privileged office to teach the lawmaker a lesson, as people predicted the charges were dead on arrival.

Fast forward to yesterday, the new Special Prosecutor, KissiAgyebeng, speaking to the media after the court process, remarked that the MP, National Democratic Congress legislator, Ayariga, did not have any charges levelled against him following the entry of the nolle prosequi.

Merriam-Webster defines nolle prosequi as “an entry on the record of a legal action denoting that the prosecutor or plaintiff will not proceed further in an action or suit, either as a whole or as to some count or as to one or more of several defendants.”

The process is filed to terminate pending criminal proceedings against an accused person. When it is filed in a case or stated by the Attorney-General during court proceedings, the accused person is discharged by the court.