The Accra High Court has directed the Attorney-General to amend two counts in the criminal case against former Chief Executive Officer of the National Food Buffer Stock Company (NAFCO), Hanan Abdul-Wahab Aludiba, after finding that they lacked sufficient particulars. The court, however, dismissed the defence’s application to strike out the entire charge sheet, holding that the remaining counts complied with the legal requirements for criminal pleadings.
The ruling followed a preliminary objection filed by counsel for the first accused, former Attorney-General Godfred Yeboah Dame, who argued that the charge sheet was fundamentally defective and failed to disclose the specific criminal acts alleged against the accused.
Defence Challenges Charge Sheet
The defence contended that the prosecution had improperly combined several transactions spanning different periods into single counts without identifying the individual payments or acts said to constitute each offence. Counsel argued that the omissions denied the accused adequate notice of the case against him and impaired his constitutional right to prepare an effective defence.
Mr. Dame further relied on an affidavit filed by the Attorney-General, which acknowledged that multiple payments and transactions formed part of the investigation. According to the defence, that admission underscored the need for the prosecution to identify the specific transactions underpinning each count instead of relying on broad allegations.
The defence also argued that the prosecution had charged the accused with both stealing and defrauding by false pretences based on substantially the same factual allegations without clearly distinguishing the elements of each offence. It therefore urged the court to strike out the entire charge sheet.
Court Upholds Objection in Part
Delivering its ruling on Thursday, July 23, 2026, the High Court upheld the objection in part.
The court found that Counts 9 and 14, did not contain sufficient particulars of the alleged offences. Rather than striking out those counts, however, the court directed the Attorney-General to amend them to cure the identified defects.
The court held that the remaining counts contained sufficient particulars and dismissed the application to invalidate the entire charge sheet.
The ruling allows the prosecution to proceed, subject to the amendment of the two impugned counts. Once the amendments are made, the trial is expected to continue on the revised charge sheet.
Following the ruling, the court adjourned the case to Wednesday, July 29, 2026, to enable the Attorney-General to amend the affected counts in accordance with its directions before proceedings continue.
The ruling reaffirms the High Court’s power to permit amendments to criminal charges where procedural defects can be remedied without prejudicing the accused, while preserving the prosecution’s ability to proceed with the trial.
