The High Court has ordered the Attorney-General to amend two counts of defrauding by false pretences in the criminal case involving former National Food Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab Aludiba, and his co-accused, Faiza Seidu Wuni, after finding that the charges lacked sufficient particulars of the alleged false representations.
The court, however, dismissed the defence’s broader application challenging the validity of the charge sheet, ruling that the remaining charges sufficiently informed the accused persons of the allegations they are required to defend.
Delivering the ruling on Thursday, July 23, the court held that the prosecution must provide enough particulars to enable an accused person to understand the nature of the charges and prepare an adequate defence.
The application, argued by former Attorney-General Godfred Yeboah Dame on behalf of the first accused, sought to strike out the charges, claiming they violated Article 19(2)(d) of the 1992 Constitution and Sections 109 and 112 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
The defence argued that the charge sheet failed to provide adequate particulars, improperly combined several transactions into single counts, and unlawfully charged the same transactions as both stealing and defrauding by false pretences.
The court rejected those arguments, holding that apart from Count 14, the accused had been provided with sufficient details to understand the allegations against him.
The judge also ruled that there was nothing improper about charging separate offences in distinct counts, explaining that while the prosecution may charge both stealing and defrauding by false pretences based on the same facts, an accused person cannot ultimately be convicted of both offences in respect of the same transaction.
However, the court found that Counts 9 and 14, both relating to alleged defrauding by false pretences, were defective because they referred to representations made by the accused persons without expressly stating that those representations were false.
Count 9 alleges that between September 2018 and August 2019, Faiza Seidu Wuni, as proprietor of ALQARNI ENTERPRISE, represented that she had supplied foodstuff to NAFCO, causing the company to pay about GH¢3.34 million. Count 14 alleges that between February 2017 and February 2019, Hanan Abdul-Wahab Aludiba, as proprietor of ALUDIBA ENTERPRISE, represented that his company had supplied foodstuff to NAFCO, leading to payments of approximately GH¢5.5 million.
The court ordered the Attorney-General to amend both counts to clearly state that the alleged representations were false representations or false pretences before the trial proceeds.
The case has been adjourned to July 29, 2026.
Meanwhile, lead counsel for Hanan Abdul-Wahab Aludiba, Godfred Yeboah Dame, has indicated that he will appeal the High Court’s ruling.
