Godfred Yeboah Dame, counsel for former National Food Buffer Stock CEO, Hanan Abdul-Wahab, has challenged the authority of the Assistant Staff Officer of the Economic and Organised Crime Office representing prosecution in the case against his client.
Citing legislation governing the representation of prosecution in court, Dame argued that without authorisation from the Attorney-General, the official should not be joining the prosecutors in the former National Buffer Stock Company CEO’s case.
Hanan Abdul-Wahab and his wife, Faiza Seidu Wuni, have been charged with stealing, defrauding by false pretences, money laundering and intentional dissipation of public funds. They have pleaded not guilty and are on bail.
During proceedings on Wednesday, April 22, after the Prosecution, led by Principal State Attorney Esi Dentaa Yankah, introduced Assistant Staff Officer of EOCO, Rabia Abdulai, defence lawyers, led by Godfred Yeboah Dame, objected to the presence of the EOCO official in court.
“I wish to object to the representation of the republic of assistant staff officer of EOCO because there are two legislations governing representation, the Law Officers Act and Legal Services Act 1993.
None of these legislations gives authority to any person of the rank specified or other such as those two laws permits as specified under Section 3.
There must be a specific executive instrument from the AG for any other persons to be of the rank recognised within the office of the AG,” Godfred Yeboah Dame argued.
But the Principal State Attorney explained to the court that an Executive Instrument had already been issued by the Attorney-General for the EOCO official to join in the prosecution of the case.
“The issue before the court isn’t about whether the Assistant Staff Officer in court is of equivalent rank to a rank a legal service. It’s whether the Assistant Staff Officer has been imbued with prosecutorial powers such as to enable her join in the conduct of the prosecution.
The Asstant Staff officer is an official of EOCO which has since been issued with a fiat in the form of an executive instrument for its officers to carry out prosecution on behalf of the State.”
After hearing submissions from both counsels, presiding judge Francis Achiponga deferred the ruling and asked that the prosecution present the Executive Instrument from the Attorney-General at the next adjourned date.
Godfred Yeboah Dame also indicated to the court that some officials from the Economic and Organised Crime Office invaded the home of the former National Food Buffer Stock Company and desecrated the walls with graffiti spray on April 8 and was seeking orders against the investigative body.
Asked about the development, Esi Dentaa Yankah indicated that she was unaware of the allegations made by the defence counsel. The court then summoned a Staff Officer from EOCO to give details regarding the matter.
Julius Nudanu noted that he had been informed that the Surveillance and Asset Recovery Unit of EOCO undertook the operation, but was unaware of the precise details.
Counsel for the second accused, wife of the former NAFCO CEO, Augustin Obuor additionally prayed the court to order EOCO to release seized phones and a laptop belonging to the couple. He intimated that though prosecution did not include the items in their disclosures, the items had not been returned after they were detained.
The court then ordered that an official from EOCO appear before the court to explain the continuous detention of the items of the accused persons.
The case has been adjourned to April 29 for continuation.
By Laud Adu-Asare
