Why Special Prosecutor dropped charges against Mahama Ayariga

• The Special Prosecutor has withdrawn the case against Mahama Ayariga

• He says the state does not have sufficient evidence to successfully prosecute Mahama Ayariga


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• Mahama Ayariga's lawyer has commended him for the move

Kissi Agyebeng, the Special Prosecutor has said that it would have been a ‘complete waste of time’ for the state to press on with the criminal prosecution of the Member of Parliament for Bawku Central, Mahama Ayariga.

In his first prosecutorial activity since replacing Martin Amidu, the Special Prosecutor on Monday, October 11, 2021, filed a motion to withdraw the charges, relating to the use of public office for private gains, and subsequently to discontinue the case.

Kissi Agyebeng told reporters at the premises of the Accra High Court that having conducted an examination of the evidence against Mahama Ayariga, he has come to the conclusion it will be against the state’s interest to go ahead with the prosecution.

He explains that the evidence available to his office does not meet the threshold of criminal prosecution which is to ‘prove beyond reasonable doubt.'

“This case had to do with using public office for private gain. We have entered a nolle prosequi to discontinue the case so there is no charge against Mahama Ayariga as it stands. When I assumed office and further scrutinized the docket and looked at the level of evidence, we deem that the republic will be unable to win this case based on the standard of fighting criminal cases which is beyond reasonable doubt. We will not be able to prove it.

“Secondly it appears certain that we will suffer the same fate similar to the one which was dismissed on 7th May 2021. It will be a complete waste of time to open this further and get to a point it will only be dismissed. Having re-examined the docket and gone through it, I have taken this decision,” he said.

Meanwhile, the lawyer for Mahama Ayariga has commended Kissi Agyebeng for discontinuing the prosecution of his client.

Edudzi Tamakloe said, “We need to thank the new Special Prosecutor for allowing reason and fairness to prevail...We are grateful to him and we are grateful to the court for what has happened today.”

Background

Mahama Ayariga was charged with five counts of using public office to purchase brand new and second-hand V8 cars which he sold to one Kenderick Akwasi Marfo of Atlas-Rent-A-Car at the price of $40,000 each.

The trial was initiated by the Office of the Special Prosecutor under the leadership of Martin Amidu before his resignation.

The case was pending in court until the OSP informed the court that they wished to drop all charges against the MP on Monday, October 11, 2021.

Before this case, the lawmaker with six others were accused by the OSP of breaching procurement protocols in the purchase of some ambulances for his constituency.

The MP was however discharged and acquitted on May 7, 2021.