A High Court in Accra has struck the name of an Economic and Organised Crime Office (EOCO) lawyer from the prosecution team in the criminal trial of former National Food and Buffer Stock Company Limited (NAFCO) Chief Executive Officer Hanan Abdul-Wahab Aludiba, after the Attorney-General’s office failed to produce legal authority for the officer’s appearance in court.
Justice Francis Achibonga, a Court of Appeal judge sitting as an additional High Court judge, made the order on 29 April 2026, expunging the name of Radiatu Abdulai, described as an Assistant Staff Officer from EOCO, from the record as counsel appearing for the Republic.
The ruling followed a constitutional objection by Godfred Yeboah Dame, counsel for the first accused, who argued that the Law Officers Act of 1974, National Redemption Council Decree (NRCD) 279, and the Legal Services Act of 1993 together govern how functions of the Attorney-General’s office may be performed by other persons. Under the Law Officers Act, Dame submitted, only a public officer authorised by an executive instrument and certified to hold a rank equivalent to a post within the Attorney-General’s department may appear in court alongside the Attorney-General or be mandated to prosecute.
Dame grounded the argument in the Constitution itself, citing Article 88(4), which requires the Attorney-General to delegate prosecutorial functions only in accordance with law, and Article 11, which defines the laws of Ghana within which such delegation must operate. Since no such instrument authorising Abdulai had been produced, her appearance as prosecution counsel was unconstitutional, he argued.
Principal State Attorney Esi Yankah, leading the prosecution, submitted that a direction given by the Attorney-General to a person under section 1 of the Law Officers Act cannot be questioned, and pointed to the fact that the Deputy Attorney-General, Dr Justice Srem-Sai, had previously appeared in court alongside the EOCO officer as evidence that sufficient authorisation had been granted.
Justice Achibonga rejected that reasoning. The judge clarified that what cannot be questioned is a direction properly given pursuant to due authorisation, but that the existence or absence of the underlying authorisation itself is fully open to challenge. He noted that at the previous hearing he had already granted the Attorney-General’s office an opportunity to produce the authorisation document, and that the office had still not done so.
The court stated it would grant one final opportunity for the prosecution to produce any such authorisation if it exists, while ordering Abdulai’s name removed from the court record in the meantime. Proceedings were adjourned to Tuesday, 5 May 2026.
The ruling is the second significant procedural setback for the prosecution on the same day. Earlier at the same sitting, the court struck out two witness statements filed by the prosecution for the same witnesses without leave of court, after Dame successfully argued that the filings violated the Practice Directions governing criminal proceedings in the High Court.
Hanan Abdul-Wahab Aludiba and his co-accused face 24 charges including stealing, money laundering, fraudulently causing financial loss to the Republic, using public office for profit, and intentional dissipation of public funds. Prosecutors allege that more than GH¢78 million in public funds was siphoned from NAFCO during his tenure as Chief Executive from 2017 to 2024. All accused persons have pleaded not guilty.
