Hanan Abdul-Wahab Aludiba
A High Court in Accra has deferred the commencement of the trial of former Chief Executive Officer of National Food Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni, to await its decision on an application seeking the court to order the Attorney General to release some mobile phones and personal effects of the accused persons.
The prosecution was expected to call its first witness on Tuesday in the trial in which Mr. Aludiba and Madam Seidu Wuni have been accused of stealing and causing financial loss to the state totalling GH¢62.6 million.
The two have pleaded not guilty to charges including defrauding by false pretences, willfully causing financial loss to the state, stealing, using public office for profit, intentional dissipation of public funds and money laundering.
Former Attorney General Godfred Yeboah Dame, who is counsel for Mr. Aludiba, has filed an application asking the court to order the prosecution to release mobile phones belonging to the accused and currently in the custody of the Economic and Organised Crime Office (EOCO).
Mr. Dame said the items being sought to be released include mobile phones seized from the accused last year as well as those seized in July this year when he was arrested at the Accra International Airport.
He said the mobile phone contains information necessary for the conduct of the trial, noting that the release of the devices will enable the accused person to prepare adequately in accordance with his constitutional right under Article 19(2) (e) and (g).
He added that “it cannot be doubted as set out in the relevant provision that an accused person ought to be afforded adequate time and facilities for the preparations of his defence.”
Esi Dentaa Yankah, a Principal State Attorney who acknowledged receipt of the application served last Friday, said the court is a court of record and everything that transpired during the examination-in-chief of the prosecution’s first witness will be recorded.
This, she said, will afford the defence adequate time to examine those proceedings and at the appropriate time have the opportunity to take on the witness on any matter that has arisen in the course of that examination-in-chief.
“Today is the turn of the prosecution to present its case and we should be allowed to do that, and at the appropriate time the defence will also have their chance,” she added.
The trial judge, Justice Francis Achibonga, said since Mr. Aludiba may need the alleged seized phones to enable him prepare adequately for his defence, pointing out that an accused person has right to object to any evidence being offered by the prosecution.
For this reason, he said the prosecution could not begin by calling its witnesses without the court first determining the application seeking to have the phone and other properties of Mr. Aludiba released.
“It is only when the court determines that A1 (Mr. Aludiba) is not entitled to the release of the said properties, particularly the phone, that the court will start the trial,” Justice Achibonga held while adjourning the trial to October 7 to hear the application.
BY Gibril Abdul Razak