Proceedings in the case in which the former National Food and Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba, and his wife Faiza Seidu Wuni has suffered a setback on Wednesday August 12, after both accused persons told the High Court in Accra that their lawyers are unwell and therefore unavailable to represent them.
Hanan Abdul-Wahab Aludiba, the first accused person (A1), and Faiza Seidu, the second accused person (A2), made the assertion separately when the case was called before Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting with additional responsibility as a High Court judge.
The former NAFCO Chief Executive Officer, Abdul-Wahab Aludiba, and his wife, Faiza Seidu Wuni, have pleaded not guilty to a combined 20 counts charges over alleged financial improprieties GHc62.6 million state funds.
The charge against the couple, comprised three counts of defrauding by false pretence, four counts of wilfully causing financial loss to the Republic, and four counts of stealing, contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29).
The rest are four counts of using public office for profit, one count of dishonestly receiving, two counts each of money laundering and intentional misapplication of public funds, contrary to Section 1(2) of the Public Property Protection Decree, 1977 (SMCD 140).
It stated, among other things, that the former NAFCO boss fraudulently obtained GH¢734,400, the cedi equivalent of US$127,500, from NAFCO in 2017 under the pretext of rent payments purportedly covering the period between May 2017 and May 2019.
Per the charge sheet, Hanan Abdul-Wahab Aludiba is the first accused, while his wife, Faiza Seidu Wuni, is the second accused.
While Hanan Abdul-Wahab Aludiba is represented by Deputy Attorney General Godfred Yeboah Dame, the wife has Augustines Obuor as her lead counsel but both counsel were absent.
Addressing the court from the dock on Wednesday, August 12, 2026, Hanan Abdul-Wahab Aludiba said his lawyer Godfred Dame, a former Attorney General is not available.
He explained that at the last adjourned date, his lawyer had indicated that he would not be available during the legal vacation, a position the court directed him to take up with the Chief Justice.
According to him, his lawyer has since petitioned the Chief Justice but was taken ill.
“Right after that, my lawyer (Godfred Dame) fell sick and has been in and out of the hospital and as we speak now, he is on admission,” Abdul-Wahab told the court.
He added that the second-in-command in his legal team, Richard Gyambiby, is also out of town marking scripts of Ghana School of Law students.
The first Accused further informed the court that he has received a copy of a stay of proceedings filed at the Court of Appeal, slated for October 19, and therefore pleaded for a long adjournment to fall in line with that hearing.
“This is a fundamental application and this has to do with my liberty. I am asking my Lord to use his discretionary powers to grant us a long adjournment,” he appealed.
Faiza Seidu, the second accused person, also told the court that her lawyer Augustines Obuor is unwell.
“My lawyer is not feeling well, that is why he was not here at the last adjournment. He is still not feeling well,” she said briefly from the dock.
Deputy AG disputes claims
The Deputy Attorney-General, Dr Justice Srem-Sai, however, disputed the claims.
He told the court that counsel for the first accused at the last sitting did not cite ill-health as his reason for not attending court, but rather argued that the court cannot conduct trial during the legal vacation and that he would not make himself available.
“I am aware that he has followed through with his word to petition the Chief Justice on the same grounds,” Dr Srem-Sai said.
He added that counsel for A2 was absent at the last date but did not cite ill-health. According to him, the junior who held his brief explained that counsel was running late.
Dr Srem-Sai argued that there is an established procedure for lawyers who are unable to attend court, and that has not been followed in the court case. He noted that no medical excuse duty has been filed to support the claim of illness.
“If counsel wanted medical condition to be a basis for anything in this court, he could have honoured this court with documentary evidence. He has previously dealt with the health of his client and rightly required his client to bring a medical excuse duty. Counsel is not unaware of what to do in these circumstances,” he argued.
On the issue of a repeated stay of proceedings application at the Court of Appeal, he maintained that the repeat application for stay of proceedings at the Court of Appeal is not an automatic stay and prayed that proceedings continue in the normal course.
No medical letter before Court
Justice Achibonga expressed concern that there was no medical evidence before the court to support the claims that the lawyers were absent due to ill-health.
“My concern is that there is no medical excuse letter before the court and the client is not speaking from the Bar where I can take his word for it. No report indicating he is sick. You are speaking from the dock. I cannot attach weight to it,” the judge remarked.
Court grants adjournment
In his ruling, the judge noted that although no medical report had been filed, he would exercise his discretion with caution since an allegation of illness had been made.
He said the court would need both sides to address it on the legal effect of the pending application for stay of proceedings at the Court of Appeal.
“Counsel for A1 filed an application for stay of proceedings pending appeal at the Court of Appeal. Counsel for the Republic indicates the court can proceed irrespective of the pending application. I would rather both counsel address me on the effect of the application filed at the Court of Appeal.
“It is true that counsel for A1 did not file any process indicating he is sick. The court is only being told by his client that he is not well. I have taken note of the fact that the accused person is not speaking from the Bar and there cannot be a basis to hold that what he says is not the truth.
“That notwithstanding, since there is an indication that counsel for A1 is unwell, I will rather exercise my discretion with caution and grant the accused persons a short adjournment to enable their counsels to be present in court,” Justice Achibonga ruled.
The case has been adjourned to August 17, 2026, for counsel for A1 to be present and address the court on the effect of the pending application at the Court of Appeal.
Source: Starrfm.com.gh
