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The Special Prosecutor, Martin Amidu, has for the second time tried to have the Accra High Court convict the legislator for alleged violation of the country's laws during the importation and sale of the three vehicles. Toyota V8 Land Cruisers.
Amindu's initial attempt suffered a setback in court last month as the judge overturned three of the four counts against Mr. Ayariga, the first case to come from the Special Prosecutor's Office more than one year after the start of its operations.
The accusations of fraudulent tax evasion, tax avoidance of customs duties and foreign exchange transaction without authorization were dismissed by the court on the grounds that they were not within the mandate of the Prosecutor special because they are not related to corruption.
Mr. Ayariga now faces five new charges of using the public service for private purposes and contrary to Section 179C (a) and 179D of the Criminal Offenses Act, Law 29, documents of the court filed on July 11.
According to the indictment, Mr. Ayariga in 2017 had abused his office dishonestly for his personal benefit by claiming to have made a payment into his personal account through an intermediary loan of $ 80,000 granted by Parliament, instead of being paid via the banking system or directly to the provider. cars.
Also in November 2017, he allegedly exploited his office for personal purposes by fraudulently avoiding customs duties and taxes in the amount of 36,597.15 Cedis that the Ministry of Finance asked him to pay in order to clear customs. three vehicles imported into the country.
It was after having benefited from an exemption from taxes and rights on the vehicle that these vehicles were intended for its official use as a Member of Parliament.
Mr. Ayariga paid only 6,062.86 Cedis, according to the indictment.
In addition, according to the document presented in March 2018 in Dansoman, Ayariga used his office to make profits by fraudulently avoiding customs duties and taxes as soon as he stopped using the vehicles for his official duties as MP and sold them $ 40,000 each, without paying the waiver. duties and taxes of 153,716.50 cedis.
His accomplice, Kenderick Akwasi Marfo, a rental car dealer, who was acquitted by the High Court in the first case, is now charged with acting in collaboration with a public officer in the interest of deprived of this officer.
Marfo is accused of having helped Ayariga to dishonestly abuse his public office when he bought the three vehicles at $ 40,000 each, knowing that the duties and taxes of $ 153,716.50 on these vehicles had not been paid.
What facts shed light on the accusations?
By resolution, the Parliament, meeting at its fifth meeting, on 7 April 2017, approved a loan agreement for the purchase of official vehicles belonging to its members between the Chamber and the General Society of Ghana.
On this loan, each member of Parliament was entitled to a loan of 80,000 US dollars, payable within four years for the purchase of his official vehicle.
Members of Parliament can, however, access the lending facility only through the intermediary of a supplier and no member of Parliament has the right to collect personally the loan due to them for the purposes stated. .
However, Ayariga was in contact with a sheriff Ahmed Tijani Abdulai who had registered a company called ASH Plantpool Limited (ASH Plantpool) for the sole purpose of representing the company as the leading supplier.
Ayariga then requested that its share of the loan be transferred to ASH Plantpool as a supplier. SG-Ghana communicated the same thing to the company, on the approval of the Deputy Clerk of Parliament.
When the money was transferred to the company's account, $ 78,000 was transferred to Ayariga's personal account with Standard Chartered Bank – Opiebea House, while sheriff Ahmed Tijani Abdulai retained 2,000 $ 00 perceived as commission, contrary to the loan agreement.
Ayariga then used the money to import three used Toyota V8 Land Cruisers from Dubai. He then applied for a tax exemption to seize the three vehicles from the port. It was granted on condition that it paid duty and taxes in the amount of 36,591.15 in advance before the vehicles were cleared from the port because the duties and taxes on vehicles exceeded his authorized tax. exemption.
However, instead of paying the amount indicated as tax, an amount of 6,062.86 Cedis was paid by Ayariga to release the vehicles from the port of Tema.
When the vehicles were cleared from the port of Ayariga instead of using them for their official duties, a tax exemption was granted to them, they were sold to Marfo for $ 40,000. Marfo paid a partial payment of $ 9,000 and promised to pay outstanding balance in August 2018.
Investigations into the case revealed that Ayariga had transferred $ 90,000 to Dubai for the purchase of vehicles through an agent from his foreign supplier, who was not in charge of the car. He was not allowed to carry out foreign exchange transactions.
The investigation also revealed that, although Marfo knew that the vehicles were exempt from customs duties and taxes, he had not paid these exemptions before buying them, and Ayariga had not paid them before the sale.
On the basis of these facts, the special prosecutor charged the two persons.
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