Lawyers for former National Food and Buffer Stock Company (NAFCO) Chief Executive Officer (CEO), Hanan Abdul-Wahab Aludiba, who is standing trial for allegedly causing financial loss to the state, have rejected claims by Deputy Attorney-General Justice Srem-Sai that their client attempted to withdraw money from a frozen bank account, describing the allegation as false.
The defence lawyers further indicated that they will initiate contempt proceedings against the Attorney-General, Deputy Attorney-General, and the Director of the Bureau of National Investigations (BNI), alleging they deliberately violated a High Court order by causing their client’s arrest at the Accra International Airport despite judicial approval for his travel.
In a statement issued on Sunday (5 July), lead counsel and former Attorney-General Godfred Yeboah Dame said the allegation was “simply untrue” and challenged the Deputy Attorney-General to produce evidence that Aludiba had withdrawn money from any of his bank accounts after being granted permission by the High Court to travel to the United Kingdom.
“The allegation by the Deputy Attorney-General that our client attempted ‘to use false means to empty his frozen bank account with Republic Bank’ is simply untrue,” the statement said.
“We challenge him to produce evidence of a withdrawal of any sum by our client from any of his bank accounts since the date of the court order.”
Dame further argued that there was no valid court order freezing Aludiba’s bank accounts at the time of his arrest.
According to the defence, the accounts were frozen during an earlier criminal investigation, but those freezing orders lapsed after prosecutors withdrew the original charges on 5 May, resulting in Aludiba’s discharge.
Although fresh charges were subsequently filed, the lawyers said the High Court ruled on 20 May that the new prosecution constituted “a fresh process,” implying that the previous freezing orders were no longer in force.
The defence said it had formally communicated that legal position to the Economic and Organised Crime Office (EOCO) before Aludiba’s arrest.
Aludiba was arrested at Accra’s international airport on Friday after receiving permission from the High Court to travel abroad for a medical appointment.
Earlier, Deputy Attorney-General Srem-Sai said in a Facebook post that the arrest followed an alleged attempt by Aludiba to use “false means” to empty a frozen Republic Bank account.
He also said the Attorney-General would seek a review of the High Court order permitting the former NAFCO chief to travel.
Dame accused the Attorney-General’s Office of misleading the public and violating a lawful court order, announcing that the defence would initiate contempt proceedings against the Attorney-General, the Deputy Attorney-General and the Director of the Bureau of National Investigations over the arrest.
The Attorney-General’s Office had not publicly responded to the latest allegations at the time of publication.
Aludiba is standing trial on charges including stealing and causing financial loss to the Republic.
Hanan Abdul-Wahab Aludiba’s lawyers also accused the Attorney-General’s Office of unlawfully ordering his arrest despite a High Court ruling permitting him to travel to the United Kingdom.
In a statement issued on Sunday, Aludiba’s legal team, led by former Attorney-General Godfred Yeboah Dame, rejected allegations by Deputy Attorney-General Justice Srem-Sai that their client attempted to unlawfully access funds in a frozen bank account before his planned departure.
The lawyers described the arrest at Accra’s international airport as a “blatant and wilful violation” of a court order and announced plans to initiate contempt proceedings against the Attorney-General, his deputy and the Director of the Bureau of National Investigations (BNI).
According to the statement, the High Court in Accra, presided over by Justice Achibonga, a Court of Appeal judge sitting as an additional High Court judge, granted Aludiba permission on June 29 to travel to the United Kingdom between July 4 and July 12 for a medical appointment with his optician.
The defence said the court reached its decision after hearing submissions from both the prosecution and the defence, including arguments presented by Deputy Attorney-General Srem-Sai.
The lawyers argued that similar travel permissions had previously been granted to other high-profile accused persons facing criminal trials, including former public officials.
According to the lawyers, previous freezing orders lapsed after prosecutors withdrew earlier charges against him on May 5, leading to his discharge.
Although fresh charges were subsequently filed, they said the High Court ruled on May 20 that the new prosecution constituted “a fresh process” and that no valid freezing order existed.
The lawyers accused the Attorney-General’s Office of misleading law enforcement agencies and using the Bureau of National Investigations to arrest their client on what they described as false grounds.
“We will accordingly institute proceedings for contempt of court against the Attorney-General, his Deputy and the Director of BNI,” the statement said.
Deputy Attorney-General Srem-Sai had earlier said on Facebook that Aludiba was arrested after allegedly attempting to use “false means” to access a frozen bank account and indicated that the Attorney-General would seek a review of the High Court order permitting him to travel.
The Attorney-General’s Office had not publicly responded to the defence’s latest allegations at the time of publication.
Aludiba is currently standing trial on charges including stealing and causing financial loss to the Republic.
