High Court Orders Amendment of Two Charges Against Ex-NAFCO CEO Hanan Aludiba

The Accra High Court has ordered the Attorney General to revise two counts of defrauding by false pretences against former National Food Buffer Stock Company (NAFCO) CEO Hanan Abdul-Wahab Aludiba and his co-accused, Faiza Seidu Wuni. The court found that Counts 9 and 14 on the charge sheet did not clearly set out the alleged false representations, leaving the accused without adequate information to respond to those specific allegations.

Background

The case against Aludiba and Wuni has been ongoing for some time, with the court previously hearing arguments from both sides. According to a report by GhanaWeb, the judge was explicit in the ruling. The court made clear that the charges, as currently worded, do not adequately indicate that the alleged representations were false or made through false pretences, which are essential elements of the offence.

The total alleged financial loss central to the case exceeds GH¢50 million. Beyond the two charges under review, the accused face a broader set of counts that include stealing, money laundering, and causing financial loss to the state. Both Aludiba and Wuni deny all allegations against them.

What This Means

The court's ruling is significant because it highlights the importance of clear and specific charges in ensuring that the accused have a fair opportunity to respond to the allegations against them. The decision also underscores the need for prosecutors to provide adequate evidence to support their claims. In this case, the Attorney General's office must now revise the two contested counts before proceedings advance.

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Former Attorney General Godfred Yeboah Dame, who is leading the defence team, argued that multiple charges were defective because they failed to provide enough specifics for the accused to mount a proper response. The court, however, rejected the broad application, holding that only the two defrauding by false pretences counts required amendment, with the remaining charges deemed sufficiently detailed as they stand.

What Happens Next

The matter will return to court once the prosecution has filed the amended charges. The court has given the Attorney General's office a deadline to revise the two contested counts, but it is unclear when the case will proceed. In the meantime, Aludiba and Wuni remain accused of defrauding by false pretences, with the total alleged financial loss exceeding GH¢50 million. The case is likely to continue to attract significant attention in the coming weeks and months.

Source: Yen Politics