Lawyers of the former National Food Buffer Stock Company Ltd, Hanan Abdul-Wahab Aludiba have pleaded with the Accra High Court to dismiss what they term as a fundamentally and fatally defective charge sheet against their client.
In court on Wednesday, July 21, lead counsel Godfred Yeboah Dame moved the application seeking the charge sheet to be struck out.
Dame argued that the charges failed to satisfy the mandatory requirements of Ghana’s Criminal Procedure Code, noting that it does not outline sufficient particulars of the alleged offences, making it impossible for his client to understand the precise case against him and adequately prepare his defence.
The former A-G based his arguments on three grounds, urging the court to take notice and dismiss the charges against the former NAFCO CEO.
‘First ground would be that the charges levelled against the accused persons are efficient in disposing the specific details of the offences with which the first accused is charged to enable him understand the import of the offences and to adequately prepare for his defence.
“The second ground would be that the court would notice that the prosecution has combined a number of distinct offences into one charge against the accused person and this again violates his right to a fair trial since he is deprived of a clear understanding of the nature of charges preferred against him to enable him adequately prepare for the trial.
“The third ground would be that the prosecution has charged offences arising out of the same series of transaction, the same facts and the same sums of money composed of the offences of stealing and defrauding by false pretences which owner contend is untenable in law and undermines the right of the first accused person to a fair trial,” Dame stated.
“In making this submission we say that we are not asking for evidence to be adduced unsupported of the various charges from the prosecution. We are simply stating that in consonance with his right to a fair trial first accused is entitled to a specification of the exact matters for which he is standing trial and therefore offences preferred and that is not a matter of evidence,” he added.
But the prosecution led by Deputy Attorney-General, Dr Justice Srem-Sai opposed the application. He argued that the prosecution provided particulars which were sufficient to the charges preferred against Hanan Aludiba.
The Deputy Attorney-General maintained that the accused person had been adequately supplied with reasonable information regarding the charge sheet and hence gave no room to ambiguity. He therefore urged the court to dismiss the application by the defence counsel.
After listening to the arguments from both divides, presiding judge Francis Aponga Achiponga adjourned the case to Thursday, July 21 for ruling.
Hanan Abdul-Wahab Aludiba and his wife, Faiza Seidu Wuni have been charged with multiple offences including stealing, causing financial loss to the state and money laundering.
By Laud Adu Asare
