The Accra High Court has adjourned the trial of former Chief Executive Officer (CEO) of the National Food and Buffer Stock Company Limited (NAFCO), Hanan Abdul-Wahab Aludiba, and his wife, Faiza Seidu Wuni, to October 7, 2026, following an application by the defence for the release of mobile phones and other properties seized from the accused persons.
The court, presided over by Justice Francis Apangabuno Achibonga, said it would first determine the application seeking the release of the properties before the substantive trial could commence.
The decision followed an application by counsel for Aludiba, Godfred Yeboah Dame, seeking an order directing the prosecution to release mobile phones seized from his client.
The prosecution, represented by the Principal State Attorney, Esi Denta Yanka, told the court that it was served with the application on Friday.
Counsel for the second accused, Augustine Obuor, also informed the court that his client had requested the release of her electronic gadgets, which, he said, would form the basis of an objection by the defence.
Aludiba and his wife are facing multiple charges over alleged financial misconduct involving the National Food and Buffer Stock Company. The charges include stealing, defrauding by false pretences, wilfully causing financial loss to the Republic, using public office for profit, dishonestly receiving and money laundering.
Phones
In court on Tuesday, Mr Dame told the court that the properties his client was seeking included mobile phones seized from him last year and others seized following his arrest at the airport.
He said the phones contained information necessary for the conduct of the trial and related to matters that formed the subject matter of the proceedings.
Mr Dame said the release of the phones was necessary to enable his client to prepare adequately for his defence in accordance with Article 19(2)(e) and (g) of the 1992 Constitution.
The principal state attorney, however, opposed any move to delay the commencement of the trial on account of the application.
Ms Yanka told the court that the case had been scheduled for the commencement of the examination-in-chief of the first prosecution witness.
She said the court was a court of record and that the proceedings would be recorded, giving the defence adequate opportunity to examine the proceedings and, at the appropriate time, cross-examine the witness on matters arising from the examination-in-chief.
But the court held that the application for the release of the properties had to be determined before the trial could proceed.
Justice Achibonga said since counsel for the first accused might need the phones alleged to have been seized by the State to enable him to prepare adequately for the defence, that preparation included the accused person’s right to object to evidence sought to be tendered by the prosecution.
The court held that the prosecution could not commence its case by calling its witness without first determining the application seeking the release of the phones and other properties of the first accused.
The court added that it was only after determining that Aludiba was not entitled to the release of the properties, particularly the phones, that the trial could commence.
However, the trial had earlier been adjourned to September 29 and 30 after the court rejected a request for an adjournment to October 19 pending the determination of a stay of proceedings application before the Court of Appeal.
