Accra: The Criminal Division of the High Court, Accra, presided over by Justice Francis Achibonga, has removed the name of a lawyer from the Economic and Organised Crime Office (EOCO), Radiatu Abdulai, from the records of a case involving former Chief Executive Officer of the National Food and Buffer Stock Company Limited, Hanan Abdul-Wahab Aludiba, and four others.
According to Ghana Web, the decision was announced by the Office of the Attorney-General, which is handling the prosecution of the case. The removal followed an objection raised by Godfred Yeboah Dame, counsel for the first accused, who pointed out that the lawyer from EOCO was not duly authorised to prosecute the matter alongside the Attorney-General's office.
Dame argued that the Law Officers Act of 1974 and the Legal Services Act of 1993 regulate the functions of the Attorney-General's Office. He emphasized that only public officers mandated by an executive instrument and certified to hold a rank equivalent to positions in the Attorney-General's Office can appear in court with or be mandated to prosecute on behalf of the Attorney-General.
Further, Dame highlighted that the foundation of the Law Officers Act is the Constitution, which mandates under Article 88(4) that the Attorney-General can delegate functions only in accordance with the law, specifically referencing laws known to Article 11 of the Constitution.
In response, Principal State Attorney Esi Yankah argued that a direction given by the Attorney-General to a person under section 1 of the Law Officers Act cannot be questioned, citing the presence of Deputy Attorney-General Dr. Justice Srem-Sai in court as sufficient authorisation.
Justice Achibonga observed that while directions by the Attorney-General under the Law Officers Act cannot be questioned, the authorisation itself must comply with the law and can be questioned if absent. The court had previously allowed the Attorney-General to produce authorisation for the EOCO officer, which had not been provided.
The judge granted the Attorney-General a final opportunity to present any existing authorisation but decided to expunge the EOCO lawyer's name from appearing as counsel for the Republic. The case has been adjourned to May 5, 2026.