The withdrawal came less than a week after the trial court struck out two new witness statements filed by the Office of the Attorney General without leave of the court.
The court had held that the two witness statements which sought to replace existing ones should have been filed with the leave of the court, as per the practice direction on disclosures in criminal trials, given the fact that the prosecution had concluded its case management.
Hanan Abdul-Wahab and Faiza Seidu Wuni were subsequently discharged by the court but that reprieve was short, as they were immediately rearrested on the corridor by officers from Narcotics Control Commission (NACOC) and Economic and Organised Crime Office (EOCO) and taken into custody.
Former Attorney General, Godfred Yeboah Dame, who is counsel for Abdul-Wahab, said irrespective of the number of times the accused are rearrested, they would be freed as many times, stating “they can be arrested 10 times, they will be freed 10 times.”
Abdul-Wahab, his wife, together with Richard Sam-Asante, who is said to be on the run; the Ludiba Foundation and Energy Partners Limited, two companies related to the couple, were charged by the Attorney General for allegedly stealing money from the state through a criminal enterprise.
The five were facing 24 counts of charges of stealing, fraudulently causing financial loss to the state, abetment of stealing, money laundering, defrauding by false pretences, intentional dissipation of public funds, using public office for profit, dishonestly receiving and intentionally causing financial loss to the state.
New Evidence/Discharge
Deputy Attorney General, Dr. Justice Srem-Sai told the court yesterday that the Attorney General wished to withdraw all the charges against the accused persons.
Although he did not give any reason for the decision, he later posted on Facebook that it was due to the discovery of some new evidence.
Godfred Yeboah Dame had no objection but raised concerns about the presence of ‘commandos’ on the corridor and the abuse of discretionary power by the Attorney General.
Augustine Obour, counsel for Faiza Seidu Wuni, also pointed out that the discretionary power granted the Attorney General must be exercised in a manner that does not infringe on the rights of the accused persons.
Justice Francis Achibonga, in a short ruling, pointed out that the Attorney General has the prerogative to initiate, continue or truncate a criminal trial.
“Having informed the court that the state withdraws all charges against the accused persons, the prayer has been granted and all charges against the accused persons are hereby struck out. The accused persons are discharged,” he added.
Charges
According to the charge sheet, Mr. Abdul-Wahab allegedly stole GH¢50.879 million from NAFCO by transferring it to James Tieku-Apawu, operating under the name Sawtina Enterprise, between February 2017 and February 2025.
Faiza Seidu Wuni allegedly laundered a total of GH¢34,608,834.62 knowing at the time of taking the money that it was acquired through a criminal enterprise.
She is also accused of dishonestly receiving GH¢4,401,831.58 from NAFCO between 2018 and 2023, knowing very well that the money was appropriated through stealing.
Richard Sam-Asante, on the other hand, has been charged for conspiring to steal GH¢5,495.748.36 from the National Food & Buffer Stock Company Limited between February 2017 and February 2019.
The couple had pleaded not guilty to the charges and have been granted a total of GH¢150 million bail by the court.