Audio By Carbonatix
The Attorney-General has filed an application at the High Court seeking to overturn an earlier order that allowed Hanan Abdul-Wahab Aludiba, the first accused person in the Buffer Stock case, to travel to the United Kingdom for specialist medical treatment, citing fresh developments over an alleged attempt to access frozen funds.
The latest court move comes just as Mr Aludiba has been granted bail by the Economic and Organised Crime Office (EOCO) following his arrest.
According to a case update posted on Facebook by Operation Recover All Loot (ORAL), the application seeks to set aside the court’s June 29 order permitting Mr Aludiba to travel outside the jurisdiction, arguing that new facts which emerged after the ruling fundamentally change the basis on which the court exercised its discretion.
The update said information contained in an affidavit filed in support of the application suggests that Mr Aludiba allegedly attempted to rely on an order from a differently constituted High Court in separate proceedings to access funds held in bank accounts that remain subject to valid freezing orders secured by EOCO.
The prosecution argues that the attempted withdrawal was in breach of Section 37 of the Economic and Organised Crime Office Act, 2010 (Act 804), which bars transactions involving property or funds under a freezing order.
According to the statement, the financial institution involved declined the attempted withdrawal and subsequently alerted investigative authorities.
The Attorney-General’s Office said the alleged attempt occurred shortly before Mr Aludiba was due to leave Ghana for the UK, raising concerns over compliance with existing court orders, the integrity of the ongoing criminal proceedings, and the possibility that the accused may not return to stand trial if allowed to travel.
“It is the position of the Attorney-General that these material facts, which were not before the Court when the travel order was made, may materially influence the Court’s decision regarding its order granting leave for the first accused to travel outside the jurisdiction,” the statement said.
According to the update, the Office of the Attorney General has taken the earliest opportunity to place the new developments before the court and invite it to reconsider the travel order in the interest of justice.
It stressed, however, that the application forms part of the ordinary legal processes available under Ghanaian law where there are material changes in circumstances after a judicial order and does not amount to a prejudgment of the substantive case before the court.
Mr Aludiba, it noted, continues to enjoy the constitutional presumption of innocence until proven guilty by a competent court.
The case forms part of the ongoing prosecution in the Buffer Stock matter, in which Mr Aludiba and another accused person are standing trial over alleged financial offences.
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