Hanan Abdul-Wahab Aludiba
The Attorney General is set to call a first witness in the trial of former Chief Executive Officer of National Food and Buffer Stock Company Limited (NAFCO), Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni, who are accused of stealing and causing financial loss to the state totalling GH¢62.6 million.
This followed the completion of case management conference (CMC) by the prosecution which has supplied all the document it will be relying on for the trial, including witness statements and attached exhibits.
The couple are facing a total of 20 charges, including defrauding by false pretences, stealing, wilfully causing financial loss to the state, money laundering, using public office for profit, dishonestly receiving and intentionally causing financial loss to the state.
Further Disclosures
The court, presided over by Justice Francis Achibonga, yesterday refused an objection by Godfred Yeboah Dame, counsel for Mr. Abdul-Wahab that the case management conference could not be completed without the prosecution furnishing the accused persons with some further disclosures they have requested.
Mr. Dame had argued that the combined effect of various sections of the Practice Direction on Disclosures and Case Management in Criminal Proceedings, 2018, the prosecution is required to furnish the defence with the documents requested before the case management conference can be completed.
He submitted that all the provisions in the practice direction are in furtherance of Article 19 Clause 2 (e) and (g) of the 1992 Constitution which effectively require the accused persons to be aided with any facility in the possession of the prosecution, including the facility to examine any witness to be called by the prosecution.
Mr. Dame’s objection came at the back of what he described as complete disregard for a request he filed for the disclosure of some 69 documents which he argues are necessary for Mr. Abdul-Wahab to adequately prepare his defence as the prosecution is set to call its first witness.
He said although he had written to the Office of the Attorney General requesting for the documents on June 11, 2026, he had not received any response from the office till date.
“…In this situation, there has been a complete disregard for our request about whether the documents exist or they are not in the possession of the prosecution,” he pointed.
Mr. Dame, therefore, prayed the court to grant a request for the prosecution to disclose these documents.
Objection
The objection was opposed by Esi Denta Yankah, a Principal State Attorney, who argued that Mr. Dame’s submissions were contrary to the practice direction he quoted from.
She argued that no provision has been made in the said practice direction that until the prosecution furnishes the accused with “any and every document that they might request from the prosecution, the case management conference is to be held hostage,” adding that it cannot be the position of the law.
Ruling
Justice Achibonga, in a ruling, was of the view that an accused person would be deemed to have been afforded the materials needed to prepare his defence if same is done within a reasonable time before trial.
He said he did not share the view that further disclosures not made at case management conference (CMC) in itself could impede an accused person from preparing his defence.
The trial judge disagreed with counsel for the accused that because the request for further disclosures has not been met CMC could not be completed.
Justice Achibonga added that once the prosecution had indicated that they have completed their CMC, and unless there is the need to amend witness statements or an indication to file further documents, “CMC should come to an end and suit adjourned for trial without prejudice to the rights of the accused to request further disclosure or entitled to same.”
He, however, urged the prosecution to ensure that the further disclosures requested by the accused persons are provided within reasonable time to enable them prepare for trial.
Release Phones, Laptops
Meanwhile, the court has ordered the prosecution to release some mobile phones and laptops confiscated from the accused persons during their arrest within 14 days.
This followed a protest from defence lawyers that once the prosecution did not include the electronic gadgets to their case and once they have closed the investigation and CMC, the devices ought to be released to their owners.
BY Gibril Abdul Razak