The Court of Appeal has granted former National Food Buffer Stock Company (NAFCO) Chief Executive Officer Hanan Abdul Wahab’s application for a stay of proceedings at the High Court pending the determination of his appeal against a ruling on the charges brought against him.

The application was moved by his legal team, led by former Attorney-General Godfred Yeboah Dame and Richard Gyambiby, while Deputy Attorney-General Dr Justice Srem-Sai opposed the request on behalf of the Republic.

Defence Raises Fair Trial Concerns
Arguing in support of the application, Mr Dame told the court that the appeal raised fundamental issues relating to the accused person’s right to a fair trial.

He argued that allowing the trial to continue before the appeal was determined could occasion substantial injustice.

The defence challenged the particulars of the charge sheet, contending that they failed to adequately specify the alleged offences and provide sufficient details for the accused to prepare his defence.

Mr Dame drew the court’s attention to counts 3, 13 and 18, which relate to stealing, as well as counts 1 and 14, which concern defrauding by false pretences.

On count 3, the defence argued that the prosecution had improperly grouped several transactions into a single charge, alleging that Mr Abdul Wahab stole approximately GH¢50 million through payments made between 2017 and 2025.

According to Mr Dame, the broad period covered by the charge and the absence of specific transaction details made it difficult for his client to understand and respond adequately to the allegation.

He noted that although the prosecution’s summary of facts referred to 86 transactions, the charge sheet did not contain the necessary particulars.

The former Attorney-General also argued that the prosecution had failed to identify the specific false representation allegedly made in support of the charges of defrauding by false pretences.

He urged the court to grant the stay, maintaining that the Republic would suffer no prejudice because the record of appeal was ready and the appeal could be determined without undue delay.

Prosecution Opposes Stay
Opposing the application, Dr Srem-Sai argued that the defence had failed to demonstrate the exceptional circumstances required to justify halting the trial.

He maintained that similar offences allegedly committed repeatedly over a period could, where permitted by law, be grouped under a single count.

The Deputy Attorney-General further submitted that disagreement with a trial judge’s decision was not, in itself, sufficient grounds to stay proceedings.

He argued that if the appeal succeeded, the proceedings could be quashed, but if it failed, a stay would only have caused an unnecessary delay in the trial.

In his response, Mr Dame insisted that the charge sheet had to be assessed on its own terms.

He maintained that the right to a fair trial included the right of an accused person to challenge charges that did not adequately disclose the alleged offences.

Court Cites Exceptional Circumstances
In its ruling, the three-member panel, presided over by Justice Noble Nkrumah, with Justices Lydia Osei Marfo and George Boadi as members, granted the application.
The court underscored the importance of the charge sheet in criminal proceedings, describing it as the structure upon which a trial is built.

It held that challenges to the charge sheet were issues that needed to be addressed and found that the concerns raised by the defence constituted exceptional circumstances warranting a stay of proceedings.

The order suspends the High Court proceedings pending the determination of Mr Abdul Wahab’s appeal against the trial court’s decision on the charges.