Lawyers of the former Chief Executive Officer of the National Food Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba, have filed an application seeking to strike out the charges against him, arguing that they are fatally defective and violate his constitutional right to a fair trial.
This was disclosed by lead counsel Godfred Yeboah Dame when the case was called before the High Court for the commencement of the prosecution’s case on Wednesday, July 15.
Dame told the court that the defence was asking it to strike out the entire charge sheet against Abdul-Wahab on the grounds that it was fundamentally defective and infringed his client’s constitutional right to a fair trial.
The prosecution, led by Principal State Attorney Esi Dentaa Yankah, opposed any attempt to halt the proceedings, arguing that the application had only just been filed and should not prevent the trial from commencing.
According to the State, the accused persons had already been arraigned, pleaded to the charges and participated in the Case Management Conference (CMC), while extensive disclosures had been made to the defence.
Yankah submitted that there was nothing on the court’s record to invalidate the proceedings and argued that the latest application came only after earlier attempts to delay the commencement of the trial had failed.
She urged the court to allow its first witness to testify, adding that the application could be heard on its scheduled date without disrupting the trial.
However, the trial judge held that the defence’s application challenged the very foundation of the prosecution’s case.
The court observed that if the application to strike out the charge sheet succeeded, there would be no valid basis upon which the trial could continue.
“In my view, it will be prejudicial to the outcome if the trial is made to proceed,” the judge ruled.
The court consequently adjourned proceedings to July 20, 2026, to hear the application seeking to strike out the charge sheet.
Defence raises airport arrest
Before raising the application, Dame accused the prosecution of undermining the authority of the court by causing Abdul-Wahab’s arrest at the Accra International Airport despite an earlier court order granting him permission to travel outside Ghana.
He told the court that his client had complied with all immigration formalities and had been cleared to travel before he was arrested, detained for four days without being charged and prevented from leaving the country.
Dame argued that the prosecution had acted in defiance of the court’s order and should not be permitted to continue with the trial until it had explained its conduct.
The prosecution responded that the issue surrounding Abdul-Wahab’s attempted travel was already the subject of a separate application scheduled for hearing and urged the court not to allow it to delay the criminal proceedings.
Disclosure dispute
The defence also challenged the prosecution over its disclosures, insisting that key documents, including store receipt vouchers and waybills referenced in the facts accompanying the charge sheet, had not been provided.
Dame argued that the prosecution could not claim the documents were unavailable when they formed part of public records relating to the transactions in issue.
The State, however, maintained that it had disclosed all documents in its possession and could not produce documents it did not have.
The court ruled that disclosure is a continuing process and held that the dispute should not, on its own, delay the trial.
It further held that the accused persons would retain the right to recall prosecution witnesses for further cross-examination if any outstanding disclosure issues arose.
Background
Hanan Abdul-Wahab and his wife, Faiza Seidu Wuni, are standing trial after the Attorney-General filed a revised 20-count charge sheet alleging the misappropriation of more than GH¢50 million during Abdul-Wahab’s tenure as Chief Executive Officer of the National Food Buffer Stock Company (NAFCO).
The amended charges, filed in May 2026 following the withdrawal of an earlier case, accuse Abdul-Wahab of offences including stealing, wilfully causing financial loss to the state, abuse of public office for profit, money laundering and defrauding by false pretences.
The prosecution alleges that Abdul-Wahab diverted public funds through payments made to entities including Sawtina Enterprise, Aludiba Enterprise and Alqarni Enterprise, resulting in losses to the state exceeding GH¢50 million.
The revised charge sheet also introduced an additional allegation that Abdul-Wahab fraudulently obtained GH¢734,400 through a false rent claim.
His wife, Faiza Seidu Wuni, is accused of benefiting from and laundering proceeds of the alleged offences through companies linked to her.
Both accused persons have pleaded not guilty to all the charges.
The High Court is expected to determine the application to strike out the charge sheet on July 20, after which it will decide whether the substantive trial should proceed.
