Deputy Attorney General, Dr. Justice Srem-Sai has confirmed that the rearrest of former Chief Executive Officer of the National Food and Buffer Stock Company Limited (NAFCO), Hanan Abdul-Wahab Aludiba and wife Faiza Seidu Wuni was as a result of “discovery of fresh evidence.”
On Tuesday, the High Court discharged the accused persons following a payer by the Deputy Attorney General, Dr. Srem-Sai.
“Following the discovery of fresh evidence, the Attorney General has, a while ago, withdrawn from the prosecution of all the Accused Persons in the case of THE REPUBLIC v HANAN ABDUL-WAHAB ALUDIBA and 4 OTHERS,” the Deputy AG said on his Facebook page.
Two of the accussed persons, Abdul Hanan Wahab and his wife Faiza Seidu Wuni were rearrested by the Economic & Organized Crime Office (EOCO) shortly after they were discharged by the Court.
Withdrawal in prosecution is a tool granted the Attorney General to bring proceedings in a trial to an end by announcing to the court that the charges against the accused persons are withdrawn.
It is granted under section 59 of the Criminal & Other Offences Procedure Act, 1960 (Act 30) consequent on the Attorney-General’s power under article 88 to initiate and conduct all criminal proceedings.
WHAT HAPPENS TO THE ACCUSED PERSONS WHEN A WITHDRAWAL IS ENTERED?
The effect of a withdrawal depends on the stage of the proceedings at which the withdrawal is done.
If the withdrawal is done after the close of prosecution’s case-which is after the prosecution has led all evidence to the Court-then the accused persons are not only discharged, they are also acquitted.
What this means is that not only does the trial end, the state cannot bring the same charges emanating from the same facts against the accused persons again.
The accused persons are basically exonerated and cleared of those charges. If the State attempts to do so, the accused persons can simply invoke the defence of double jeopardy under article 19(7) of the Constitution to abate such a trial.
However, if the withdrawal happens before the prosecution closes it case, then the accused persons are only discharged but not acquitted. In other words they are only released from the present proceedings but not exonerated or cleared of those charges.
The State is therefore not barred from bringing those same charges or even a different set of charges emanating from those same facts against these accused persons later on. In other words, discharged means this present proceedings has ended, acquitted means, the accused is cleared or exonerated from these present charges.
SO HAVE THE ACCUSED PERSONS IN THE BUFFER STOCK CASE BEEN DISCHARGED OR ACQUITTED?
The accused persons in the Buffer Stock case have only been discharged and not acquitted. This is so because the Attorney-General withdrew the charges at the Case Management Conference state, before he even begins to lead evidence. What this means is that the accused persons can be charged with these offenses or similar ones emanating from the same set of facts in the Buffer Stock case at anytime.
WHAT HAPPENS NEXT?
The accused persons were rearrested shortly after the court discharged them so that new charges will be proffered against them upon the discovery of fresh evidence.
The Attorney-General upon a proper assessment of the new evidence, exercised the discretion not to amend or substitute the charge sheet but to rather prefer fresh charges which will ensure a speedy trial.
