The Attorney-General has appealed to the Supreme Court against a Court of Appeal decision staying proceedings in the criminal trial involving former Chief Executive Officer of the National Food Buffer Stock Company, Hanan Abdul-Wahab Aludiba, and co-accused Faiza Seidu Wuni, pending the determination of an appeal concerning the striking out of the charge sheet.
The appeal, filed on October 21, 2026, challenges a ruling delivered by the Court of Appeal on October 19, 2026, in the case of Republic v Hanan Abdul-Wahab Aludiba and Another.
The Attorney-General is asking the Supreme Court to set aside the entire decision, arguing that the Court of Appeal erred in treating a challenge to the charge sheet as an exceptional ground warranting a stay of the criminal proceedings.
According to the notice of appeal, the prosecution contends that the mere fact that an accused person has challenged a charge sheet should not, without more, justify suspending an ongoing trial pending the determination of that challenge.
The Attorney-General also argues that the Court of Appeal’s decision cannot be supported by the record of proceedings. The notice further indicates that additional grounds of appeal may be filed upon receipt of the certified ruling.
Concerns Over Delays in Criminal Trials
The appeal raises concerns about the circumstances in which interlocutory challenges may justify suspending ongoing criminal proceedings.
The prosecution’s position is that treating a challenge to a charge sheet, without more, as an exceptional basis for staying a trial could create opportunities for accused persons to delay criminal proceedings by initiating challenges to the charges against them.
The Supreme Court is therefore being asked to consider whether the circumstances relied upon by the Court of Appeal justified halting the trial while the related appeal concerning the charge sheet remained pending.
Background to the Appeal
The Court of Appeal’s October 19 ruling granted an application to stay proceedings in the underlying criminal case pending the determination of an appeal concerning the striking out of the charge sheet.
Dissatisfied with that decision, the Attorney-General, acting for the prosecution, filed the present appeal at the Supreme Court on October 21, 2026.
The prosecution has identified two principal grounds of appeal: that the Court of Appeal erred in holding that the challenge to the charge sheet constituted an exceptional ground for staying the trial, and that the ruling cannot be supported by the record of proceedings.
The Attorney-General has also reserved the possibility of filing additional grounds after obtaining the certified ruling.
The Supreme Court’s determination will address the challenge to the Court of Appeal’s decision. Until then, the appeal remains pending, and the Attorney-General’s arguments have yet to be judicially determined.
