The High Court in Accra has rejected an invitation by lawyers for the former National Food and Buffer Stock Company Hanan Abdul-Wahab Aludiba, led by Godfred Yeboah Dame, to bar the prosecution from being heard until it purges itself of alleged disobedience to a court order.
The court, presided over by Justice Francis Apangabonu Achibonga, ruled that proceedings for the day would continue with the first prosecution witness entering the witness box.
Godfred Dame, a former Attorney General, had prayed the court on Wednesday July 15, 2026 not to grant audience to the prosecution until it complied with an earlier order granting his client leave to travel outside the jurisdiction.
He argued that some developments since the last adjourned date had undermined the authority of the court.
It was his case that, the court at its last sitting had granted leave for the first accused to travel Abdul-Wahab Alufiba, but the prosecution caused his arrest at the Accra International Airport after he had satisfied all pre-departure formalities and been cleared by the Ghana Immigration Service to travel in accordance with the order of the court.
He told the court that his client was taken into custody and detained for four days and four nights without being brought before a court or charged with any offence, an act he said subverted the orders of the court and undermined its authority.
It was his further submission that having acted in what he described as flagrant disobedience and defiance of the court’s orders, the Republic could not take further steps unless it explained why it disobeyed the orders and took steps to comply.
He argued that under the traditional common law position, a party who has acted in defiance of the court cannot be heard until he has complied with the orders lawfully given by the court under the Constitution and the Courts Act, stressing that the issue was important in upholding the sanctity of the court.
Mr. Dame added that, though, the Republic had filed an application seeking to revoke the same travel order it is accused of disobeying, he had filed an affidavit in opposition and prayed it be heard on Wednesday, instead of Thursday.
In reply, Principal State Attorney Esi Dentaa Yankah who represented that Attorney General, said there was indeed, an incident that compelled the State to intervene in the travel of the first accused.
She said, the incident is the subject matter of a motion on notice filed on July 8, 2026, seeking an order to revoke the leave granted the first accused to travel, and that the issue would be properly dealt with at the hearing of that motion (on Thursday July 16 and not during Wednesday’s proceedings.
Ms. Yankah argued that the day’s proceedings had nothing to do with the travel of the first accused and that regardless of the travel issue, the first accused is facing trial.
It was therefore the prayer of the prosecution that the trial should commence while the travel issues are dealt with at the hearing of the motion on July 16.
By Court:
Justice Achibonga in his ruling held that it is only when the court finds that a party has disobeyed its orders that it can make orders for the offending party to purge itself.
In the the circumstances, the Court declined the invitation not to give audience to the State until it purges itself of the orders of this court.
The Court said, the business of the day which was for Prosecution to call the first witness for the trial of former NAFCO boss and his wife over alleged misused of public funds in excess of GHc60 million to begin will proceed.
End
Source: Starrfm.com.gh
