The Attorney‑General has appealed to the Supreme Court against a Court of Appeal decision that suspended the criminal trial of former National Food and Buffer Stock Company (NAFCO) chief executive officer Hanan Abdul‑Waab and his wife, Faiza Seidu.
Deputy Attorney‑General and Minister for Justice, Dr Justice Srem Sai, confirmed the appeal in a social media post, explaining that the prosecution was challenging the legal basis for suspending the proceedings.
According to him, the appeal was filed on Tuesday, following the Court of Appeal’s decision on Monday to stay the trial.
Dr Srem Sai argued that a criminal trial should not be suspended merely because an accused person has challenged aspects of the charge sheet, particularly where the objections have been dismissed as lacking merit.
He warned that upholding the Court of Appeal’s decision could set a precedent that would make criminal prosecutions difficult to pursue.
"If the Court of Appeal’s decision is allowed to stand, no prosecution will ever be possible, since all it would take for a trial to be suspended is an Accused Person complaining about anything on the charge sheet," he stated.
The Court of Appeal, presided over by Justice Noble Nkrumah, with Justices Lydia Osei Marfo and George Boadi as members, had upheld an application argued by former Attorney‑General Godfred Dame on behalf of Hanan Abdul‑Waab, holding that it raised exceptional circumstances warranting a stay of proceedings.
The court also emphasised the importance of a charge sheet in criminal proceedings and the need to resolve challenges to it expeditiously.
The Attorney‑General is seeking, among other reliefs, an order quashing the Court of Appeal’s decision and directing the High Court to proceed with the trial.
