Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni
Lawyers for former Chief Executive Officer of National Food Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni, were absent from their trial yesterday, forcing the court to adjourn the case to August 17.
The prosecution was expected to call its first witness yesterday, but the absence of the lawyers forced the hands of the court to take a different stance.
Mr. Aludiba and his wife are standing trial for allegedly stealing and causing financial loss to the state totalling GH¢62.6 million.
He is facing 16 counts, 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.
Mr. Aludiba told the court that his lead counsel, Godfred Yeboah Dame, was ill and has been in and out of the hospital for some days.
“At the last adjourned date my lawyer indicated to the court that he won’t be available during the vacation, which my Lord said he should take it up with the Chief Justice. My lawyer has petitioned the Chief Justice. Right after that my lawyer fell sick and has been in and out of the hospital, and as we speak now, he’s on admission,” he told the court.
He said he has received a copy of an application for stay of proceedings pending an appeal against the trial court’s decision to dismiss a motion by his lawyers to strike out the charges for being defective.
“I humbly plead with my Lord for a long adjournment so that that will fall in line with the hearing of the stay of proceeding,” Mr. Aludiba added.
Faiza Seidu Wuni, on her part, also told the court that her lawyer, Augustines Obuor, is also not feeling well, and that explains why he was absent from the last proceeding. “He’s still not feeling well,” she added.
DAG Opposes
Deputy Attorney General (DAG), Dr. Justice Srem-Sai, in response, said if defence counsel wanted medical condition to be a basis for anything in the court, he should have provided documentary evidence to that effect.
“He has previously dealt with the health of his client and rightly required his client to bring medical excuse duty. Counsel is not unaware of what to do in the circumstances,” he pointed out.
He said counsel, by not sending a medical excuse duty, suggests that he does not intend to use his medical condition as a basis for not attending court, particularly when he had already informed the court why he would not be attending proceedings during the vacation.
He, therefore, urged the court to proceed with the case, noting that the first prosecution witness was in court for the commencement of the trial.
He added that the court can proceed irrespective of the pending application for stay of proceedings.
Caution
The trial judge, Justice Francis Achibonga, a justice of the Court of Appeal sitting as an additional High Court judge, said notwithstanding the absence of any process indicating that Mr. Dame is unwell, he will exercise his discretion with caution and grant the accused persons a short adjournment to enable their counsels to be present in court.
He subsequently adjourned the case to August 17 for the parties to address the court on the effect of the application for stay of proceedings filed at the Court of Appeal.
BY Gibril Abdul Razak