By Morkporkpor Anku
Accra, Oct. 19, GNA – The Court of Appeal has stayed proceedings in the trial of former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer Hanan Abdul-Wahab Aludiba, pending the determination of his appeal against a ruling on the charges.
The application was moved by Mr Godfred Yeboah Dame and Mr Richard Gyambiby, counsel for Aludiba.
Moving the application, Mr Dame argued that the appeal raised fundamental issues concerning the accused person’s right to a fair trial and that allowing the trial to continue could occasion substantial injustice to his client.
He challenged the particulars in the charge sheet, arguing that they did not adequately specify the alleged offences.
He drew the Court’s attention to counts three, 13 and 18, relating to stealing, and counts one and 14, concerning defrauding by false pretences.
On count three, Mr Dame argued that the prosecution had grouped several transactions into a single count, alleging that Aludiba stole about GH¢50 million through payments made between 2017 and 2025.
He said the broad period covered by the charge and the absence of specific transaction details made it difficult for the accused to understand and respond adequately to the allegations.
Although the prosecution’s summary of facts referred to 86 transactions, he said the charge sheet did not provide the necessary particulars.
The former Attorney-General also argued that the prosecution had failed to specify the alleged false representation underlying the charges of defrauding by false pretences.
He urged the Court to grant the stay, saying the Republic would suffer no prejudice because the record of appeal was ready and the appeal would not be unduly delayed.
Dr Justice Srem-Sai, Deputy Attorney-General, opposed the application, arguing that the defence had failed to establish the exceptional circumstances required to justify a stay of proceedings.
He maintained that similar offences allegedly committed repeatedly over a period could, where permitted by law, be grouped into a single count.
He said disagreement with the trial judge’s decision was not, in itself, sufficient grounds to halt the proceedings.
Dr Srem-Sai argued that if the appeal succeeded, the proceedings could be quashed, but a stay could unnecessarily delay the trial if the appeal failed.
In response, Mr Dame maintained that the charge sheet had to be assessed on its own terms and that the right to a fair trial included the right to challenge charges that did not adequately disclose the alleged offences.
In its ruling, the three-member panel, presided over by Justice Noble Nkrumah, with Justices Lydia Osei Marfo and George Boadi, underscored the importance of a charge sheet in criminal proceedings, describing it as the structure upon which a trial was built.
The Court held that the issues raised by the defence required determination and constituted exceptional circumstances warranting a stay of proceedings.
It consequently granted the application pending the determination of the appeal.
The appeal challenges a ruling by Justice Francis Achibonga, the trial judge, who in July directed amendments to two charges relating to defrauding by false pretences but dismissed the defence’s broader application to have the charges struck out.
Aludiba and his wife, Faiza Seidu Wuni, are facing charges over the alleged loss of GH¢62.6 million in state funds.
The charges reported against them include stealing, money laundering and wilfully causing financial loss to the Republic.
GNA
Edited by Agnes Boye-Doe
Reporter: Morkporkpor Anku
[email protected]