The Attorney-General has appealed against a Court of Appeal decision that halted proceedings in the criminal trial of former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab, and his wife, Faiza Sediu Wuni.
The prosecution is seeking to overturn the ruling, arguing that the appellate court erred in holding that a challenge to a charge sheet constituted exceptional circumstances warranting a stay of proceedings.
In its appeal, the Attorney-General is asking the court to quash the Court of Appeal’s decision and direct the High Court to continue hearing the case against the former NAFCO boss and his wife.
The Court of Appeal, presided over by Justice Noble Nkrumah, with Justices Lydia Osei Marfo and George Boadi as members of the panel, had upheld an application argued by lawyer Godfred Dame on behalf of Abdul-Wahab.
The panel concluded that the application raised exceptional circumstances justifying a halt to the trial.
The appellate court also underscored the importance of a charge sheet in criminal proceedings and the need for challenges to such documents to be dealt with expeditiously.
However, the Attorney-General disagrees with that reasoning, maintaining in the appeal that the court was wrong to treat the challenge to the charge sheet as exceptional circumstances warranting a stay.
The appeal places the legal basis for suspending the trial at the centre of the dispute, with the prosecution seeking to have the High Court proceedings resume.
The outcome of the appeal will determine whether the Court of Appeal’s decision stands or is set aside, potentially clearing the way for the trial of Abdul-Wahab and his wife to proceed.
The grounds of appeal, as provided, do not indicate that the appellate court’s ruling has been overturned or that the High Court has been directed to resume the trial.
