Court of Appeal halts former NAFCO CEO’s trial pending appeal determination

The Court of Appeal halted the trial of former NAFCO CEO Hanan Abdul-Wahab Aludiba on Monday, pending the decision on his appeal. His lawyers, Godfred Yeboah Dame and Richard Gyambiby, argued that the appeal raised crucial issues related to his client's right to a fair trial. They claimed that allowing the trial to proceed could lead to substantial injustice.

Specifically, they challenged the charge sheet, arguing that it inadequately detailed the alleged offenses. Counts three, 13, and 18 related to theft, while counts one and 14 concerned defrauding by false pretenses. Dame highlighted that the broad time frame in count three, spanning between 2017 and 2025, and the lack of specific transaction details made it difficult for Aludiba to understand and respond to the allegations.

He also pointed out that the prosecution had grouped numerous transactions into a single count for count three, without providing necessary particulars. The Republic's Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application, stating that the defense had not proven the exceptional circumstances required to justify a stay.

He argued that similar offenses, if permitted by law, could be grouped into a single count. He maintained that disagreement with a trial judge's decision alone was insufficient grounds to halt proceedings. The Court, consisting of Justice Noble Nkrumah and Justices Lydia Osei Marfo and George Boadi, agreed that the charge sheet is integral to criminal proceedings.

They held that the issues raised by the defense warranted determination and constituted exceptional circumstances requiring a stay of proceedings. Therefore, they granted the application, halting the trial until the appeal is decided. Aludiba and his wife, Faiza Seidu Wuni, are accused of losing GH¢62.6 million in state funds, facing charges including theft, money laundering, and willfully causing financial loss to the Republic.