Court declines Dame's request not to hear prosecution in Abdul Hanan's matter

The High Court in Accra has refused a request by lawyers for former National Food and Buffer Stock Company Chief Executive Officer, Hanan Abdul-Wahab Aludiba, to stop the prosecution from being heard in his criminal trial.

The request was made by his lead counsel, former Attorney-General Godfred Yeboah Dame, who argued that the State should not be allowed to take further steps in the case until it purged itself of alleged disobedience to an earlier court order.

Justice Francis Apangabonu Achibonga rejected the argument and ruled that the trial should proceed.

The court said the prosecution could call its first witness as scheduled.

Mr Dame had urged the court not to grant audience to the prosecution after his client was arrested at the Accra International Airport despite an earlier order granting him leave to travel outside Ghana.

According to counsel, Mr Abdul-Wahab had completed all pre-departure formalities and had been cleared by the Ghana Immigration Service when he was arrested.

He told the court that the former NAFCO boss was detained for four days and four nights without being brought before a court or charged with any offence.

Mr Dame argued that the arrest and detention undermined the authority of the court and amounted to defiance of its order.

He submitted that under the common law position, a party that disobeys a court order should not be heard until it has complied with the order or purged itself of the contempt.

He said the issue was important for preserving the sanctity of the court.

Counsel also noted that although the Republic had filed an application seeking to revoke the same travel order, the defence had filed an affidavit in opposition.

He asked the court to hear that matter immediately instead of waiting for the scheduled date.

The Attorney-General’s Department, represented by Principal State Attorney Esi Dentaa Yankah, opposed the request.

She said there had been an incident which compelled the State to intervene in Mr Abdul-Wahab’s travel.

According to her, that incident formed the basis of a motion on notice filed on July 8, 2026, seeking to revoke the leave earlier granted to him.

She argued that the issue would be properly dealt with at the hearing of that motion on July 16.

Ms Yankah said the proceedings fixed for Wednesday, July 15, had nothing to do with the travel dispute.

She maintained that Mr Abdul-Wahab remained an accused person standing trial and that the case should proceed while the travel issue was dealt with separately.

In his ruling, Justice Achibonga held that the court could only order a party to purge itself after first finding that the party had disobeyed its orders.

He said no such finding had been made at that stage.

The court therefore declined the invitation to deny the State audience.

The ruling cleared the way for the prosecution to call its first witness in the trial involving Mr Abdul-Wahab and his wife over alleged misuse of public funds exceeding GH¢60 million.