The commencement of the criminal trial of former Chief Executive Officer of the National Food and Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba, and his wife, Faiza Seidu, has been adjourned by the High Court in Accra.
The two have been charged with misuse of state funds. The case was scheduled for the commencement of trial on Tuesday, September 29, 2026, with the prosecution set to open its case and call its first witness.
However, the trial could not proceed after counsel for the first accused person (A1), drew the court’s attention to a pending application for the release of his mobile phones and other personal property allegedly seized by the state.
The application, filed by his lawyers led by former Attorney-General Godfred Yeboah Dame, is seeking an order for the release of the items to enable the accused to adequately prepare his defence.
Dame’s submissions
Arguing the application, Mr. Dame told the court that some of the phones were seized last year, while others were taken following his client’s arrest at the airport.
He said the phones contain information that is crucial to the trial.
“The mobile phones contain information necessary for the conduct of the trial. The information affects matters which border on the subject matter of the proceedings before you,” Mr. Dame submitted.
He argued that his client has a constitutional right to adequate time and facilities to prepare his defence as guaranteed under Article 19(2)(e) and (g) of the 1992 Constitution.
“It cannot be doubted that an accused person ought to be afforded adequate time and facilities for the preparation of his defence,” he added.
AG opposition
Opposing the request for an adjournment, Principal State Attorney Esi Dentaa Yankah argued that the trial should proceed as scheduled.
She noted that Tuesday was fixed for the prosecution to begin its examination-in-chief of its first prosecution witness (PW1), and that the court is a court of record where all proceedings are recorded.
“This court is a court of record. All the proceedings will be recorded,” she said, adding that the defence will have adequate time to review the record and cross-examine the witness on any matter arising from the examination-in-chief.
Ms. Yankah contended that the defence application should not impede the day’s proceedings, especially since the prosecution had filed its witness statements as far back as June 3, 2026, with a supplementary statement filed on June 11, 2026.
“Nothing in these statements is new to any of the parties in this case,” she argued, urging the court to allow the prosecution to present its case while the defence would have its turn at the appropriate time.
Court’s Ruling
In his ruling, the trial judge, Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, held that the right of an accused to prepare adequately includes the right to object to evidence being offered by the prosecution.
He noted that since counsel for A1 contends that he needs the phones allegedly seized by the state to prepare the defence, it would be improper to commence the trial without first determining the application.
“In the circumstances, I will adjourn the suit to await the determination of the application seeking the release of the phones and properties of A1. It is only when the court determines that A1 is not entitled to the release of the said properties, particularly the phones, that the court will start the trial. Until then, this suit stands adjourned,” Justice Achibonga ruled.
The case has been adjourned pending the hearing of the application.
