Buffer Stock case adjourned pending Supreme Court ruling on vacation sittings
Justice Francis Apangabuno Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, said the High Court would await the outcome of an injunction application currently before the Supreme Court.
The Accra High Court has suspended the criminal trial of former National Food Buffer Stock Company Chief Executive Officer, Hanan Abdul-Wahab, and his wife, Faiza Seidu Wuni, pending a Supreme Court decision on the conduct of trials during the legal vacation.
The case has been adjourned to August 25, 2026.
Justice Francis Apangabuno Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, said the High Court would await the outcome of an injunction application currently before the Supreme Court.
The injunction application seeks to restrain two specialised High Courts from conducting criminal proceedings during the judiciary’s legal vacation.
It is scheduled to be heard by the Supreme Court on August 20, 2026.
The application forms part of a broader challenge by defence lawyers to the Chief Justice’s directive allowing selected criminal trials to proceed during the legal vacation.
Lawyers for Mr Abdul-Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene have petitioned Chief Justice Paul Baffoe-Bonnie over the directive.
They argue that the arrangement departs from established court practice and is inconsistent with the Constitution.
According to the lawyers, High Court judges sitting during the legal vacation are traditionally expected to deal with motions and interlocutory applications, rather than substantive criminal trials.
Godfred Yeboah Dame, counsel for Mr Abdul-Wahab and a former Attorney-General, has described the authorisation as “irregular and contrary to law.”
In his ruling, Justice Achibonga rejected the defence’s request for the matter to be adjourned to the next legal term in October.
He said such an adjournment would defeat the purpose for which he had been issued a warrant to sit as a vacation judge.
The judge, however, said that where an injunction application is pending before a superior court, a lower court should be careful not to continue with the very proceedings the application seeks to restrain.
He therefore held that the trial should be put on hold until the Supreme Court determines the pending application.
The decision is expected to affect not only the trial of Mr Abdul-Wahab and his wife, but also other high-profile criminal cases listed to proceed during the legal vacation.
One of those cases is the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene.
Mr Abdul-Wahab and his wife are facing 20 counts, including charges linked to allegedly causing financial loss to the State.
The case relates to the operations of NAFCO and the School Feeding Programme.
Prosecutors allege that more than GH¢78 million in public funds meant for NAFCO and the School Feeding Programme was diverted for personal benefit.
Both accused persons have pleaded not guilty and are currently on bail.
The High Court is expected to reconvene on August 25 to consider the Supreme Court’s decision and determine the next steps in the trial.
