Judge halts Ex-NAFCO CEO's trial until ruling on seized phones

A High Court in Accra has ruled that the trial of former National Food Buffer Stock Company (NAFCO) Chief Executive Hanan Abdul-Wahab Aludiba cannot begin until it decides whether he is entitled to get back mobile phones seized by investigators.

The ruling puts the accused's right to prepare his defence ahead of the prosecution's readiness to open its case.

Justice Francis Achibonga held on Tuesday that the prosecution could not call its first witness while an application for the release of the devices was pending. He reasoned that Mr Aludiba may need the phones to prepare his defence adequately. He also noted that an accused person has the right to object to evidence the prosecution offers.

"It is only when the court determines that A1 (Mr. Aludiba) is not entitled to the release of the said properties, particularly the phone, that the court will start the trial," Justice Achibonga held. He adjourned the case to October 7 to hear the application.

Mr Aludiba and his wife, Faiza Seidu Wuni, are standing trial over alleged stealing and causing financial loss to the state totalling GH¢62.6 million. They have pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, stealing, using public office for profit, intentional dissipation of public funds and money laundering.

Defence invokes constitutional guarantee

The application was filed by former Attorney General Godfred Yeboah Dame, who now represents Mr Aludiba. He is asking the court to order the prosecution to release phones and other personal effects held by the Economic and Organised Crime Office (EOCO). These include devices seized from the accused last year and others taken in July this year, when Mr Aludiba was arrested at the Accra International Airport.

Mr Dame argued that the phones contain information needed for the trial. He said releasing them would allow his client to prepare in line with Article 19(2)(e) and (g) of the Constitution, which guarantee an accused person adequate time and facilities to prepare a defence.

"It cannot be doubted as set out in the relevant provision that an accused person ought to be afforded adequate time and facilities for the preparations of his defence," he said.

Prosecution wanted to proceed
Principal State Attorney Esi Dentaa Yankah, who confirmed receiving the application last Friday, urged the court to let the trial go ahead. She argued that because the court is a court of record, everything said during the first witness's examination-in-chief would be documented. The defence would then have enough time to study the proceedings and challenge the witness at the appropriate stage, she said.

"Today is the turn of the prosecution to present its case and we should be allowed to do that, and at the appropriate time the defence will also have their chance," she said.

The court did not accept that argument, meaning the prosecution's case will now wait on the outcome of the October 7 hearing.