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THE REPUBLIC v. MAHAMA AYARIGA & Anor

(2019) JELR 107123 (HC)

High Court  •  MSFT/23/2019  •  17 Jun 2019  •  Ghana

Coram
JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)

Judgement

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 …

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