THE Attorney-General (AG) has filed an appeal at the Supreme Court to overturn the Court of Appeal’s decision to put on hold the trial of Hanan Abdul-Wahab Aludiba, the immediate past CEO of the National Food and Buffer Stock Company.
On October 19, a three-member panel of the Court of Appeal, presided over by Justice Noble Nkrumah, ruled that the trial be stayed pending its determination of an appeal regarding the charge sheet.
The court said it was of the considered opinion that the charge sheet formed the foundation of the trial and that a challenge to it had to be addressed.
“Having listened, we take the position that the charge sheet carries the superstructure of the trial,” the court said.
It added that the issues raised by Mr Aludiba, the applicant, were exceptional and warranted a stay of proceedings.
But the AG contends that the Court of Appeal erred in holding that a mere challenge against a charge sheet constitutes an exceptional ground upon which to stay proceedings in a criminal trial.
He argued that such a proposition would greatly stultify criminal trials, as all an accused person would have to do is raise any challenge against a charge sheet and seek to stay proceedings until the matter is determined. Read More
BY MALIK SULLEMANA
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