The trial judge in the case involving former National Food Buffer Stock Company CEO, Hanan Abdul-Wahab, has directed the Economic and Organised Crime Office (EOCO) to submit a copy of the Executive Instrument (E.I.) from the Attorney-General that authorises it to prosecute the matter.
According to a 3 News report, presiding judge Francis Achiponga gave the order on Wednesday, April 22, after counsel for the accused, Godfred Yeboah Dame, challenged the authority of EOCO Assistant Staff Officer Rabia Abdulai to represent the prosecution.
Citing the Law Officers Act and the Legal Services Act, 1993, Mr Dame argued that no officer below the rank specified in the laws can prosecute without a specific Executive Instrument from the Attorney-General.
“I wish to object to the representation of the republic by an assistant staff officer of EOCO because there are two legislations governing representation, the Law Officers Act and Legal Services Act 1993,” he told the court.
“None of these legislations gives authority to any person of the rank specified… There must be a specific executive instrument from the AG for any other persons to be of the rank recognised within the office of the AG,” Mr Dame argued.
Principal State Attorney Esi Dentaa Yankah, who is leading the prosecution, told the court that an Executive Instrument had already been issued by the Attorney-General for EOCO officers to prosecute on behalf of the State.
“The issue before the court isn’t about whether the Assistant Staff Officer in court is of equivalent rank to a rank in the legal service. It’s whether the Assistant Staff Officer has been imbued with prosecutorial powers such as to enable her join in the conduct of the prosecution,” she said.
“The Assistant Staff Officer is an official of EOCO which has since been issued with a fiat in the form of an executive instrument for its officers to carry out prosecution on behalf of the State.”
After hearing both sides, Justice Achiponga deferred his ruling and directed the prosecution to present the Executive Instrument at the next adjourned date.
Hanan Abdul-Wahab and his wife, Faiza Seidu Wuni, have been charged with stealing, defrauding by false pretences, money laundering, and intentional dissipation of public funds. They have pleaded not guilty and are on bail.
Meanwhile, Mr Dame informed the court that some EOCO officials allegedly invaded the former CEO’s home on April 8 and defaced the walls with graffiti spray. He is seeking orders against the investigative body.
Ms Yankah said she was unaware of the allegations. The court then summoned a Staff Officer from EOCO to provide details on the matter.
EOCO’s Julius Nudanu told the court that he had been informed that the Surveillance and Asset Recovery Unit undertook the operation but was unaware of the precise details.
Counsel for the second accused, Augustin Obuor, also prayed the court to order EOCO to release seized phones and a laptop belonging to the couple. He said the items were not included in prosecution disclosures and had not been returned after they were detained.
The court ordered an EOCO official to appear and explain the continued detention of the items.
The case has been adjourned to April 29 for continuation.