Hanan Abdul-Wahab Aludiba
Former Chief Executive Officer of National Food Buffer Stock Company Limited (NAFCO), Hanan Abdul-Wahab Aludiba, has opposed an application by the Attorney General (AG) seeking to reverse the permission granted him by a High Court to travel to the United Kingdom for medical reasons.
He argues in an affidavit in opposition that the AG’s application is devoid of any merits, brought in bad faith and calculated to obtain a legal covering for the Attorney General’s brazen defiance of the orders of the court.
He further avers that the AG’s application seeking the reversal impugns the exercise of the court’s discretion on the basis of “untruths and unfounded allegations, which stem from a wilful disregard for the court’s orders rather than any genuine legal or factual basis.”
Arrest
Mr. Aludiba is standing trial with his wife, Faiza Seidu Wuni, for allegedly stealing and causing financial loss to the state totalling GH¢62.6 million.
He was arrested at the airport in the late hours of July 4 when he attempted to travel to the United Kingdom for a medical reason.
Deputy Attorney General, Dr. Justice Srem-Sai, in a Facebook post, confirmed the arrest and claimed Mr. Aludiba, who was granted permission by the trial court to travel, attempted “to use false means to empty his frozen bank account with Republic Bank on Thursday which occasioned tonight’s arrest.”
His legal team lead by former Attorney General, Godfred Yeboah Dame, sharply denied the allegation and threatened to initiate contempt of court proceeding against the AG and the Bureau of National Intelligence (BNI) Director for thwarting the orders of the court which permitted him to travel to London for medical reasons.
The lawyers subsequently filed an application for Habeas Corpus asking the court to compel the Attorney General, BNI and Economic and Organised Crime Office (EOCO) to produce his body following his Rambo-style arrest at the Accra International Airport.
The Attorney General later filed an application asking the court, presided over by Justice Francis Achibonga, to reverse the permission granted to Mr. Aludiba.
Hanan Fights Back
Mr. Aludiba argues in his affidavit in opposition that the AG’s motion, carefully examined, amounts to a review or veiled appeal against the orders of the court lawfully given within the exercise of the court’s jurisdiction.
“No credible ground in law or in fact, has been canvassed for a grant of the order prayed for in this application.”
He further contends that the Attorney General has not exhibited anything to show that he (Hanan) intended to avoid standing trial, or indeed any of the serious allegations made against him.
“That I say without equivocation that it is completely false and malicious to allege that I had no intention of returning to stand trial,” he argues.
Mr. Aludiba further contends that the reason provided by the Deputy Attorney General as basis for his “unlawful arrest” is completely false, and the AG had no reasonable basis to suspect that he had committed an offence or was about to commit a criminal offence under the laws of Ghana.
He denies making any attempt to withdraw any specific amount of money from any of his accounts by any of the known means of withdrawal of money from a bank.
“That I was not found in possession of any money withdrawn from any accounts by any of the known means of withdrawal of money from a bank frozen bank account.”
Mr. Aludiba also argues that the complete disregard for the laws of the Republic shown by the AG and his law enforcement agencies in his unlawful arrest and detention ought not to be condoned by a grant of the instant application, especially where no proof whatsoever of the allegations has been furnished to the court.
Again, he pointed to allegations about officers of Economic and Organised Crime Office keeping about £7,000 which he had borrowed for his travel expenses and medical treatment, and his two mobile phones.
He also points to EOCO official allegedly unlawfully accessing data on his mobile phones without any judicial authorisation.
“That the attempt to downplay Boots Opticians, a leading optician in the United Kingdom with over 550 practices, as a beauty retailer is disingenuous and calculated to mislead this Honourable Court. This information is easily and publicly verifiable by a simple web search.”
He adds that the decision of the AG, BNI and EOCO to apprehend him was a flagrant and contemptuous act which ought to be punished by the court, rather than being condoned with a grant of the instant application “which is grounded in false and malicious allegations against me, calculated to mislead the Court and pervert the course of justice.”
Mr. Aludiba is, therefore, urging the court to compel the AG, EOCO and BNI to comply with the order of the court which granted him permission to travel as well as release his personal effects, including his money, two unlawfully seized mobile phones and his passport.
BY Gibril Abdul Razak