More Trouble For Mahama Ayariga …As Amidu Files Fresh Charges

The Special Prosecutor, Martin Alamisi Burnes Kaiser Amidu appears to be tightening the noose around the neck of Bawku Central, Member of Parliament, Mahama Ayariga as he files five fresh charges against him.

This time around, all the charges relate to the MP’s importation of three Toyota Land Cruiser vehicles in 2017, partly funded by a loan facility guaranteed by Parliament, accessible for all MPs.

The first of five counts, according to the Statement of Offence, relates to “using public office for private benefit, contrary to sections 179C (a) and 179D of the Criminal Offences Act, 1960.

The writ filed at the High Court on July 11 2019 among others charges read “Mahama Ayariga, Member of Parliament for Bawku Central, in 2017 in Accra in the Greater Accra Region being a public officer namely, a Member of Parliament, dishonestly abused your office for private benefit by using a loan of US$80,000 granted you as a Member of Parliament in order to purchase a brand new vehicle for your official use to purchase three second hand Toyota V8 land Cruisers.”

In the case of the businessman, one Kendrick Akwasi Marfo, a car rental dealer, he has also been charged by the Special Prosecutor for acting in collaboration with the MP to “dishonestly abuse his public office for private profit when he fraudulently evaded Customs duties and taxes on three second-hand Toyota V8 Land Cruisers which he acquired with a loan from parliament for his official use as member of parliament but sold them to Kendrick for US$40,000 each knowing that the Duties and Taxes of GH¢153,716.50 on them had not been paid.”

The charges follow the decision by an Accra High court to dismiss similar charges slapped on Mr Ayariga by the Special Prosecutor.

The Court had held that the Special Prosecutor was 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 facts of the case are that Parliament at its fifth sitting on 7th day of April, 2017 by a Resolution approved a loan agreement for the purchase of members’ official vehicles between the House and Societe General- Ghana.

Out of this loan, each Member of Parliament was entitled to Eighty Thousand US Dollars ($80,000.00) loan payable within a period of four years for the purchase of their official vehicle.

Members of Parliament however could only access the loan facility through a supplier and no Member of Parliament was entitled to personally collect the loan due them for the stated purpose for which the loan was secured or otherwise.

Ayariga however connived with one Sheriff Ahmed Tijani Abdulai, who had registered a company called ASH Plantpool Limited (ASH Plantpool) with the sole aim of representing the company as the former’s supplier and then requested his share of the loan to be released to ASH Plantpool Limited as his supplier and the same was released to the company by Societe General- Ghana based on the approval of the Deputy Clerk of Parliament.

According to the Social Prosecutors new charge sheet, When the money was transferred into the company’s account, Seventy-Eight Thousand US Dollars ($78,000.00) was transferred to Ayarigas ‘s personal account with Stanadard Chartered Bank- Opiebea House while Sherrif Ahmed Tijani Abdulai kept the remaining Two Thousand US Dollars ($2,000.00) as his commission contrary to the loan agreement.

Ayariga then used the money to import three second hand Toyota V8 Land Cruisers from Dubai and then applied for tax exemption to clear the three vehicles from the port and he was granted same on condition that he pays duties and taxes of Thirty Six Thousand, Five Hundred and Ninety- One Ghana Cedis, Fifteen Pesewas (GH¢36, 591.15) upfront before the vehicles are cleared from the port since the duties and taxes on the vehicles exceeded his allowable tax exemption.

The writ claimed that instead of paying the amount stated as tax however, an amount of Six Thousand, Sixty-Two Ghana Cedis, Eighty- Six Pesewas (GH¢6, 062.86) was rather paid by Al to clear the vehicles from the port- Tema.

When the vehicles were cleared from the port, Ayariga instead of using them for his official duties for which reason tax exemption was granted to him sold them out to Kendrick at cost of Forty Thousand US Dollars ($40,000.00) each of which he made part payment of Nine Thousand US Dollars ($9,000.00) and promised to pay the outstanding balance in August, 2018.

Investigations into the matter revealed that Ayariga transferred Ninety Thousand US Dollars ($90,000.00) to Dubai for the purchase of the vehicles through an agent of his overseas supplier who had no license to deal in foreign exchange transaction.

The investigations further revealed that though Kendrick knew the vehicles were exempted from customs duties and taxes, he failed to pay those exemptions before he purchased the vehicles neither did Ayariga pay those tax exemptions before the sale.

 

By Jeffrey De-Graft Johnson