The High Court has expunged the name of a lawyer from the Economic and Organised Crime Office (EOCO) from the records in the trial of the former CEO of the National Food and Buffer Stock Company, Hanan Abdul-Wahab Aludiba, and four others.
The court also gave the Attorney-General (AG) a last chance to produce legal authorisation for the lawyer to prosecute the case.
The ruling was delivered on April 29, 2026, by Justice Francis Achibonga of the Court of Appeal, sitting as an additional High Court judge.
The decision followed an objection by counsel for the first accused, Godfred Yeboah Dame, a former Attorney-General.
He argued that the AG’s office had no authority to continue prosecuting the case with EOCO lawyer Radiatu Abdulai without due legal authorisation.
Citing the Law Officers Act of 1974 (NRCD 279) and the Legal Services Act of 1993, Mr. Dame stated that only public officers mandated by an executive instrument and certified at a rank equivalent to a post in the AG’s office can appear in court on behalf of the state.
He further noted that Article 88(4) of the Constitution requires the Attorney-General to delegate prosecutorial functions only in accordance with law, specifically, a law recognised under Article 11 of the Constitution.
In reply, Principal State Attorney Esi Yankah submitted that a direction given by the Attorney-General under Section 1 of the Law Officers Act cannot be questioned.
She argued that Deputy Attorney-General Dr. Justice Srem-Sai had appeared in court alongside the EOCO officer, which, in her view, should be deemed sufficient authorisation.
Justice Achibonga rejected that argument. He observed that what cannot be questioned under the law is a direction given after due authorisation, but the existence of the authorisation itself can be questioned.
The judge noted that at the previous adjourned date, he had already allowed the AG to produce the officer’s authorisation. That had not been done.
Consequently, he struck out the name of Radiatu Abdulai, the Assistant Staff Officer from EOCO, from appearing as counsel for the Republic, while granting the AG a final chance to produce any existing authorisation.
The case has been adjourned to Tuesday, May 5, 2026.
