Accra: An Accra High Court has adjourned the Case Management Conference (CMC) in the trial involving Hanan Abdul-Wahab Aludiba, former Chief Executive Officer of the National Food Buffer Stock Company Limited (NAFCO), and his wife, Faiza Seidu WUNI, due to issues with unsigned witness statements. The court ruled that these unsigned statements, filed by the prosecution, were defective and could not be used to proceed with the CMC.
According to Ghana News Agency, the court emphasized that the unsigned witness statements were equivalent to not having any at all, thus making it impossible to move forward with the Case Management Conference. Dr. Justice Srem-Sai, Deputy Attorney-General, represented the Republic, while Mr. Godfred Yeboah Dame and Mr. Augustine Obour appeared for Mr. Abdul-Wahab and Faiza, respectively. Mr. Dame pointed out that although the defence had been served with three witness statements, only one was properly signed and verified, while the others did not meet the legal requirements.
Mr. Dame argued that the unsigned witness statements could not be considered valid under the law. In response, Dr. Srem-Sai argued that the defence's concerns should not impact the conduct of the CMC, noting that the defence had acknowledged receiving three witness statements and disclosures, with proof of service recorded by the court. He further stated that the absence of signatures should not delay the proceedings at the CMC stage and that such objections would only be relevant when the prosecution attempted to use the statements during the trial.
Dr. Srem-Sai also mentioned that the applicable practice directions did not prohibit conducting a CMC due to unsigned witness statements. He argued that disclosure in criminal cases could continue throughout the trial, citing a Supreme Court decision to support his stance. However, the court, led by Justice Francis Apongabono Achibingo, disagreed with the prosecution regarding the unsigned witness statements.
The court ruled that the practice directions required witness statements to be signed and verified. It observed that the language of the practice directions made it clear that signing the statements was mandatory, and they were necessary for conducting a proper CMC. Consequently, the court decided not to proceed with the CMC without signed witness statements.
Mr. Abdul-Wahab Aludiba and his wife are facing 20 criminal charges, including stealing, defrauding by false pretenses, wilfully causing financial loss to the state, abuse of public office for profit, dishonestly receiving, and money laundering. The court granted Mr. Abdul-Wahab Aludiba bail of GHS60 million with two sureties to be justified, while Faiza received bail of GHS3.5 million with two justified sureties.