Audio By Carbonatix
The Accra High Court has dismissed an application by former Attorney General Godfred Dame seeking to strike out the entire charge sheet against the ex-National Buffer Stock CEO, Hanan Abdul-Wahab Aludiba.
The court, however, directed the prosecution to amend Counts 9 and 14, which relate to charges of defrauding by false pretences.
In the opinion of the Court, the defects complained of in these two charges are not fatal and could be amended for the trial to continue.
The ruling followed an application by counsel for the accused, Godfred Dame, who had asked the court to strike out the entire charge sheet. The application was argued on Wednesday.
Delivering its ruling on Thursday, the court dismissed the application to strike out all the charges but agreed that Counts 9 and 14 were defective, but disagreed that the defects were fatal.
The court held that sufficient particulars had been provided in respect of all the other charges on the charge sheet.
The judge also addressed concerns over the prosecution charging the accused with both defrauding by false pretences and stealing based on the same set of facts.
While acknowledging that there cannot be a conviction for both offences where they arise from the same facts, the court ruled that the prosecution is entitled to prefer both charges at this stage of the proceedings.
As a result, the court declined to strike out the charges, allowing the prosecution to proceed after amending the defective counts.
The case has been adjourned to July 29, when the prosecution is expected to present the amended charge sheet for trial to continue.
The trial centres on allegations of financial impropriety involving the former NAFCO Chief Executive and other accused persons.
The prosecution alleges they committed offences including fraud by false pretences and theft.
The accused have denied the allegations, with the defence seeking to challenge the legal basis of some of the charges before the substantive trial proceeds.
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