Audio By Carbonatix
An Accra High Court has dismissed an application by Faiza Seidu Wuni, the second accused in an ongoing criminal trial, seeking permission to travel abroad with her seven-year-old son for medical assessment and treatment.
Seidu Wuni is the second accused in the trial involving the former Chief Executive Officer of the National Buffer Stock Company, Hanan Abdul-Wahab Aludiba.
The application, moved by Mr Augustine Obour, counsel for Seidu Wuni, sought leave for his client to travel during the court’s vacation period.
Counsel submitted that the child required specialised medical assessment and treatment abroad and that August had been set aside for the family to undertake the trip.
Mr Obour argued that granting the application was in the best interest of the child, relying on the welfare principles under the relevant child protection laws.
He said the prosecution had opposed the application while questioning Seidu Wuni’s status, despite the fact that she and the child’s father had cared for the child throughout his life.
Counsel maintained that a seven-year-old child could not independently make decisions regarding his medical care and therefore required the guidance and support of his parents.
He urged the court to grant the application to enable the child receive the necessary medical treatment.
Opposing the application, Dr Justice Srem-Sai, the Deputy Attorney-General, argued that the State was not acting against the welfare of the child but had a duty to balance the child’s interests with the public interest.
He submitted that a distinction should be drawn between a genuine medical emergency and circumstances where medical treatment abroad was merely desirable.
The Deputy Attorney-General referred to paragraph eight of the supporting affidavit, which indicated that the child would require follow-up appointments after the initial assessment.
He argued that this suggested the treatment could extend beyond August 2026 and potentially delay the criminal trial.
Dr Srem-Sai further contended that the application created the impression of a medical emergency, although no evidence had been presented to show that the child’s condition could not be managed in Ghana.
He therefore prayed the court to dismiss the application.
In its ruling, the court held that the accused had failed to demonstrate that the child’s medical condition could not be treated in Ghana.
It also noted that school records before the court showed the child was making satisfactory progress and should continue receiving the necessary support.
The court observed that although a doctor had recommended treatment abroad, the application was self-serving and failed to establish exceptional circumstances to justify granting leave to travel.
It consequently dismissed the application.
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