High Court rejects prosecution bid to replace witness statements in former Buffer Stock CEO trial

An Accra High Court has dismissed an attempt by the prosecution to substitute witness statements in the ongoing trial of Hanan Abdul Wahab Aludiba, Chief Executive Officer of the National Buffer Stock Company, and four others.

During proceedings, Principal State Attorney Esi Dentah Yankah told the court that new evidence had emerged, prompting the filing of substituted statements for two witnesses, identified as James Teiku and Clara Naa Koshie Nyarko.

However, the move was strongly opposed by the defence. Counsel for the second accused, Faiza Seidu Wuni, Mr Augustines Obuor, argued that the prosecution had already indicated it was voluntarily closing its Case Management Conference, making any subsequent filing improper.

“Therefore, anything after the announcement is an abuse of the principle of law,” he stated.

Lawyer for Aludiba and former Attorney General, Godfred Yeboah Dame, also challenged the prosecution’s action, insisting that leave of the court should have been sought before filing the new statements.

“Clearly, they have not applied for leave and they have not demonstrated why leave should be granted,” he argued.

Mr Dame further questioned the nature of the documents, stating that it was unclear whether they were amendments, additions or entirely new witness statements.

“The witness statements have been filed and adopted before the court. From the processes filed, it cannot be determined whether it was an amendment to the already filed witness statements or addition or indeed an entirely new one. This is totally out of order. It is not known to the rules of the court before you, my Lord,” he said.

The trial judge upheld the objections raised by the defence, ruling that under the applicable Practice Direction, the prosecution cannot file new processes in a criminal trial without first obtaining leave of the court.

The defence team also raised concerns about the authority under which the prosecution was being conducted. Mr Dame questioned whether proper authorisation had been granted for Ms Yankah to lead the case alongside an officer from the Economic and Organised Crime Office.

The court subsequently directed the prosecution to provide the relevant legal basis for its authorisation, while officials from the Economic and Organised Crime Office are expected to appear at the next sitting.

The case has been adjourned to May 5, 2026.
Aludiba is standing trial alongside his wife, Faiza Seidu Wuni, and Richard Sam Asante, who is currently at large. They are jointly charged with two companies, Ludiba Foundation and Energy Partners Limited, on 24 counts including stealing, fraudulently causing financial loss to the state, money laundering and defrauding by false pretences.

Prosecutors allege that the accused caused a financial loss of more than GH¢61 million intended for the purchase and supply of food items under the national school feeding component of the Free Senior High School programme.

All the accused persons have pleaded not guilty and are currently on bail.