The Accra High Court has adjourned the trial of former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab Aludiba, and his wife, Seidu Wuni, to Monday, August 17, 2026 after both defence counsels failed to appear in court.
Lead counsel for Aludiba, Godfred Yeboah Dame, and counsel for his wife, Augustine Obuor, were both absent when the case was called yesterday.
This prompted the court presided over by Justice Francis Apangabuno Achibonga to press Aludiba on his lawyer's whereabouts.
Plea
Responding, Aludiba told the court that his lawyer had been in and out of the the hospital, and was expected to travel.
He added that the lawyer's second-in-command was also out of town marking scripts for the Ghana School of Law.
Aludiba further informed the court that he had received a copy of a stay of proceedings filed at the Court of Appeal expected to be heard on October 19, 2026, and pleaded with the court to grant a long adjournment to allow the stay application to be heard.
"These are fundamental applications that have to do with my liberty. Use your discretionary powers wisely for a long adjournment so that matters of this nature will be dealt with," he told the court.
His wife also told the court her lawyer was unwell.
That, she said, accounted for her counsel's absence at the last adjourned date as well.
Response
The Deputy Attorney-General, Dr Justice Srem-Sai, reminded the court that counsel for Aludiba had clarified that counsel for the second accused was absent at the last sitting not because of illness, but because he was running late, a fact his junior had communicated to the court at the time.
“Godfred Dame did not present any medical report or excuse letter. He had already told the court he will not attend court.
He doesn’t intend to use this sickness excuse for his absence," the Deputy A-G said as he opposed Hanan’s explanation for the absence of his lawyer
The state accordingly urged the court to allow proceedings to continue in the normal course.
Ruling
The court was of the opinion that while it could take judicial notice of a lawyer marking examination scripts, it could not take judicial notice of sickness without medical evidence.
The judge pointed out that counsel had, on a previous occasion, submitted a medical excuse duty regarding his client's health, showing he was aware of the proper procedure for raising a medical ground.
By failing to submit similar evidence for himself, the judge was of the opinion that counsel could not be taken to be relying on his own ill health as a reason for his absence, particularly since he had already informed the court of his unavailability during the vacation period.
Ruling on the matter, Justice Achibonga said it would prefer to hear both counsel address him on the effect of the application filed at the Court of Appeal before proceeding.
Justice Achibonga observed that while Dame had not filed any process indicating he was unwell, the court had only been informed by his client of his ill health.
He added that since the accused was not speaking from the bar, there was no basis to hold that the claim was untrue.
"That notwithstanding, since there is an indication that counsel is unwell, I will proceed with caution," the judge ruled, granting a short adjournment to enable counsel for both sides to appear and address the court on the stay of proceedings.
The case was adjourned to August 17, 2026 to enable the first accused's counsel to be present and address the court on the effect of the application.
Background
Aludiba and his wife are facing multiple counts spanning defrauding by false pretence, stealing, wilfully causing financial loss to the Republic, using public office for profit, dishonest receiving, money laundering, and intentional misapplication of public funds under the Criminal Offences Act, 1960 (Act 29), the Anti-Money Laundering Act, 2020 (Act 1044), and the Property Protection Decree, 1977 (SMCD 140).
The prosecution alleged that between February 2017 and February 2025, Aludiba caused NAFCO to pay approximately GH¢50,879,210.00 to business enterprises ostensibly for foodstuff purchases.
They have pleaded not guilty to the charges.
