Former Attorney-General Godfred Yeboah Dame has described the re-arrest of his clients, ex-NAFCO CEO Hanan Abdul-Wahab and his wife Faiza Seidu Wuni, by the Economic and Organised Crime Office (EOCO) as an “abuse of the process.”
The couple was re-arrested shortly after the High Court discharged them today, May 5, in a case in which they were standing trial over an alleged GH¢78 million financial loss to the state.
Speaking on JoyNews Prime, Mr Dame expressed serious concerns about the circumstances surrounding the fresh arrest, saying the exact offence for which his clients were being held was not known to the defence.
“The exact offence is definitely not known to us,” he said, while questioning the legal basis for their continued detention.
He described as “most reprehensible” the alleged denial of access to legal representation following the re-arrest.
“Indeed, they’ve been denied access to counsel, and I do not understand why a case that has travelled almost a year… the actual prosecution case is about to begin… then the prosecution… decides to discontinue the prosecution itself, and then they re-arrest them,” Mr Dame stated.
The defence lawyer noted that the couple had been consistent with their bail conditions throughout the nearly one-year trial. Despite this, their passports were seized and assets frozen, severely limiting their resources to fund their defence.
“They have been through hell in defending themselves because they have not had any access to even resources on their own,” he added.
Mr Dame suggested the re-arrest may have been triggered by recent courtroom developments, particularly after the prosecution allegedly attempted to introduce additional witnesses without the court’s leave. He said the court struck out the names of those witnesses following an objection by the defence.
Shortly after that ruling, the prosecution discontinued the case, only for EOCO to effect the fresh arrest, he claimed.
While acknowledging the state’s right to discontinue a prosecution, the former AG argued that such power must be exercised fairly.
“I’m not saying that they cannot withdraw charges… but that discretion ought to be exercised in a very fair and candid manner,” he stressed, describing the sequence of events as a clear “abuse of discretion.”
He questioned why the couple had not been granted bail on similar terms as before, noting that the state already controls all their assets.
Mr Dame also criticised earlier public statements allegedly made by the Attorney-General before formal charges were filed, saying they maligned and vilified his clients.
He warned that such actions amount to “pre-trial torture and harassment” and called for them to cease.
The former Attorney-General indicated that the defence team would explore all legal avenues to secure the release of Hanan Abdul-Wahab and his wife.