The Court of Appeal has granted a stay of proceedings in the criminal trial of former Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul Wahab, effectively pausing the High Court case until the determination of his appeal challenging the charges against him.

The application for a stay was moved by Hanan’s legal team, led by former Attorney-General Godfred Yeboah Dame and Richard Gyambiby. They argued that the appeal raised fundamental issues regarding the accused’s right to a fair trial, particularly concerning the adequacy of information provided in the charge sheet.

Dame pointed out that several counts, specifically counts 3, 13, and 18 related to stealing, and counts 1 and 14 concerning defrauding by false pretences, lacked sufficient details. For example, on count 3, the prosecution alleged Hanan stole approximately GH¢50 million over a period spanning 2017 to 2025, grouping multiple transactions into a single charge. Dame contended that the absence of specific transaction details made it difficult for the accused to mount a proper defence. He also highlighted that while the prosecution’s summary referenced 86 transactions, the charge sheet itself did not specify them.

On charges of defrauding by false pretences, Dame argued that the prosecution had not detailed the alleged false representations, undermining the accused’s ability to respond adequately to the allegations.

Deputy Attorney-General Dr Justice Srem-Sai, representing the Republic, strongly opposed the application. He contended that no exceptional circumstances had been shown to justify a stay and maintained that grouping similar offences over a prolonged period is permissible under the law. Dr Srem-Sai asserted that disagreement with the trial judge’s decision was not, on its own, a valid reason to halt proceedings and warned that granting a stay could unduly delay justice if the appeal did not succeed.

After hearing both sides, the three-member panel of the Court of Appeal, presided over by Justice Noble Nkrumah and including Justices Lydia Osei Marfo and George Boadi, ruled in favour of the defence. The court emphasised the critical role of the charge sheet in criminal proceedings and found that the issues raised by Hanan’s lawyers amounted to exceptional circumstances justifying a pause in the trial.

This decision puts on hold the High Court trial, which was set to begin on Tuesday, October 20, pending the outcome of Hanan Abdul Wahab’s appeal. The appeal itself challenges an earlier ruling by Justice Francis Achibonga, who had ordered amendments to two charges but refused to strike out the case entirely.

The Court of Appeal’s ruling underscores the importance of due process and clarity in criminal charges, highlighting that the structure and content of the charge sheet are foundational to a fair trial.

Source: Apexnewsgh.com