Customer Support

THE REPUBLIC
V.
MAHAMA AYARIGA & ANOR

(2019) JELR 107123 (HC)

High Court 17 Jun 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- The court held that Counts 1, 3, 4, and 5 of the charge sheet against the accused persons fell outside the prosecutorial mandate of the Office of the Special Prosecutor, as their particulars did not allege corruption or corruption-related

Case Details

Suit Number:MSFT/23/2019
Judges:JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)
Counsel:MR. MICHAEL BAAFI FOR THE REPUBLIC PRESENT DR. DOMINIC AKUTIRINGA AYINE WITH HON. JAMES AGALGA AND MR. GODWIN TAMEKLO PRESENT FOR Al MR. JOSEPH BENARD ASHALLEY WITH MR. KWEKU KWAKYE MAMPHEY AND JOSELINE SEIDU FOR A2 PRESENT

RULING

ASARE-BOTWE (MRS.), J.

This is a Ruling on a motion to strike out the Charge Sheet filed for and on behalf of the 1st Accused person (hereafter referred to as A1). The 2nd Accused has also had filed on his behalf an application to strike out Count three of the charge sheet filed on the 29th of March, 2019.

The antecedents of the case are that on the 5th of May 2019, the Office of the Special Prosecutor filed a charge sheet in which the accused persons are being held for the following offences with their particulars;

Count One

Fraudulent Evasion of Customs duties and taxes contrary to section 121 (2) (f) of the Customs Act, 2015 (Act 891)

Particulars of Offence

Maham Ayariga, Member of Parliament for Bawku Central, aged 44 years in November, 2017 at Tema in the Greater Accra Region did fraudulently evade customs duties and taxes by paying Six Thousand, Sixty Two Ghana Cedis, Eighty-Six Pesewas (GH6,062.86) instead of the approved duties and taxes of Thirty Six Thousand, Five Hundred …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.