Private legal practitioner Martin Kpebu says it is legally permissible for a person to attempt to withdraw money from a frozen bank account, even though the transaction may ultimately fail due to restrictions on the account.

Mr Kpebu made the remarks in an interview on Joynews' The Pulse, while responding to a question about whether it was possible to attempt to withdraw money from a bank account that had already been frozen.

His comments follow the arrest of former National Food Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul-Wahab Aludiba, at the Accra International Airport on Saturday night while he was preparing to travel to the United Kingdom.

Deputy Attorney-General and Minister of Justice, Dr Justice Srem Sai, had disclosed that Mr Aludiba was arrested after investigators received information that he had allegedly attempted to withdraw funds from a frozen bank account before leaving the country. Mr Aludiba is currently standing trial on charges of stealing and causing financial loss to the Republic.

Speaking on whether such an action was even possible, Mr Kpebu said an attempt could still be made despite the account being frozen, stressing that the issue of whether the person succeeded would depend on the evidence presented.

“Legally, yes, there can be an attempt, but I’m not talking about Hanan, whether he did it or not, because I don’t have the evidence.

“When you go into a bank, you pick a slip and fill in the account number, indicating that you want to withdraw money from that account. Or if it is by cheque, you draw a cheque on that account. If it is by ATM, you put in the card and try to withdraw. So yes, there can be an attempt, but whether you succeed or not is another thing,” he said.

He added that the full facts of the matter would only become clear once evidence is presented in court.

“Maybe when the evidence comes, then we can be categorical,” he stated.

Meanwhile, Godfred Yeboah Dame, counsel for the former National Buffer Stock Company boss has challenged the Deputy Attorney-General to produce evidence that his client attempted to withdraw money from a frozen bank account.

He insists the allegation is false and was used to justify what he describes as an unlawful arrest.

In a statement issued on Sunday, July 5, Mr Dame, counsel for Abdul-Wahab, accused the Deputy Attorney-General of making misleading claims in a Facebook post intended to defend his client’s arrest at the airport after a High Court had permitted him to travel to the United Kingdom.