Mahama Ayariga
An Accra High Court has acquitted and discharged opposition National Democratic Congress (NDC) Member of Parliament (MP) for Bawku Central, Mahama Ayariga, and some six others who were on trial for alleged infractions in the purchase of an ambulance for the Bawku Municipality.
Mr. Ayariga and six other current and former officials of the Bawku Municipal Assembly – Hajia Hawa Ninchema, Sumaila Ewuntomah Abudu, Alex Vadze, Alhaji Abdul-Mumuni Jesewunde, Mary-Stella Adapesa, Mumuni Yakubu Nambe, were hauled before an Accra High Court by then Special Prosecutor, Martin Amidu, for procurement breaches.
Mahama Ayariga had been charged with abetment to contravene the procedure for request for quotation in the Public Procurement Act by instigating and encouraging the purchase in Antwerp, Belgium, and subsequent importation into Ghana of an ambulance without the procurement entity requesting for quotations contrary to Section 20(1) of the Criminal Offences Act, 1960 (Act 29) and Sections 43(1) and 92(1) of the Public Procurement Act, 2003 (As Amended) Act 663.
He was also charged with the offence of using public office for profit contrary to Section 179(c)(a) of the Criminal Offences Act, 1960 (Act 29).
The prosecution alleged that A7 (Mahama Ayariga), who used various public funds to pay for the ambulance, misrepresented that he purchased the ambulance from his personal resources and caused the ambulance to be branded with the inscription “DONATED BY: HON. MAHAMA AYARIGA MP FOR BAWKU CENTRAL TO THE PEOPLE OF BAWKU”; and handed the ambulance over to the assembly.
The accused persons had pleaded not guilty to the charges and the court granted them bail in various sums pending the trial.
The Office of the Special Prosecutor had called two witnesses to make its case before the court.
But Godwin Tamekloe, counsel for Mr. Ayariga as well as lawyers for the other accused persons, filed a submission of no case at the end of the prosecution’s case, arguing that the prosecution failed to prove the charges against the accused persons.
He had argued that “the prosecution failed woefully to produce cogent and convincing evidence to establish a prima facie case against A7 at the close of its case by not only failing to prove all the elements of the offences he has been charged with but also that the evidence as it stands is not capable of convicting the A7 even if he fails to give a reasonable explanation.”
The court, presided over by Justice Afia Serwaa Asare-Botwe, in her ruling, upheld the submission of no case to answer and acquitted and discharged the accused persons.
BY Gibril Abdul Razak