Court of Appeal Orders Stay of Trial in Ex-NAFCO CEO Case
The Court of Appeal has granted an application by former Buffer Stock Company (NAFCO ) Chief Executive Officer, Hanan Abdul Wahab, for a stay of proceedings at the High Court pending the determination of his appeal challenging the trial court’s decision on the charges against him.
The application was moved by Hanan’s lawyers, led by former Attorney-General Godfred Yeboah Dame and Richard Gyambiby.
Deputy Attorney-General Dr Justice Srem-Sai, who represented the Republic, opposed the application.
Moving the application, Dame argued that the issues raised in the appeal were fundamental and concerned the accused person’s right to a fair trial.
He maintained that allowing the trial to continue before the appeal was determined could occasion substantial injustice.
Dame challenged the particulars contained in the charge sheet, arguing that they failed to adequately specify the alleged offences.
He drew the court’s attention to counts 3, 13 and 18, which relate to stealing, and counts 1 and 14, which concern defrauding by false pretences.
On count 3, the defence argued that the prosecution had grouped several transactions into a single count, alleging that Hanan stole approximately GH¢50 million through payments made between 2017 and 2025.
Dame said the broad period covered by the charge, coupled with the absence of specific details of the transactions, made it difficult for the accused to adequately understand and respond to the allegations.
He noted that although the prosecution’s summary of facts referred to 86 transactions, the charge sheet itself did not provide the necessary particulars.
The former Attorney-General further argued that the prosecution had failed to specify the alleged false representation underlying the charges of defrauding by false pretences.
He urged the court to grant the stay, arguing that the Republic would suffer no prejudice, as the record of appeal was ready and the appeal would not be unduly delayed.
But Deputy Attorney-General Dr Justice Srem-Sai opposed the application, arguing that the defence had failed to establish the exceptional circumstances required for a stay of proceedings.
He maintained that similar offences allegedly committed repeatedly over a period could be grouped into a single count where permitted by law.
Dr Srem-Sai also argued that disagreement with the trial judge’s decision was not, in itself, sufficient grounds to halt the proceedings.
He said if the appeal succeeded, the proceedings could be quashed, but granting a stay could unnecessarily delay the trial if the appeal failed.
In response, Dame maintained that the charge sheet had to be assessed on its own terms and argued that the accused person’s right to a fair trial included the right to challenge charges that did not adequately disclose the alleged offences.
Court’s Ruling
In granting the application, the three-member panel of the Court of Appeal presided over by Justice Noble Nkrumah with Justices Lydia Osei Marfo and George Boadi, underscored the importance of the charge sheet in criminal proceedings, describing it as the structure upon which a trial is built.
The court held that challenges to the charge sheet must be addressed and found that the issues raised by the defence constituted exceptional circumstances warranting a stay of proceedings.
The application was consequently granted pending the determination of the appeal.
The appeal challenges a ruling by Justice Francis Achibonga, who in July ordered amendments to two charges relating to defrauding by false pretences but dismissed the defence’s broader application seeking to have the charges struck out.
The Court of Appeal’s ruling means the trial, which was expected to begin on Tuesday, October 20, with the state, will be put on hold pending the determination of Hanan Abdul Wahab’s appeal.
Source: CNR
Click to read more: https://opemsuo.com/author/hajara-fuseini/
