Godfred Yeboah Dame says he is satisfied that the Economic and Organised Crime Office (EOCO) has returned items seized from former National Food and Buffer Stock Company CEO Hanan Abdul-Wahab, including money, mobile phones and a laptop.
The decision means the case, involving Hanan Abdul-Wahab and his wife Faiza Seidu Wuni, has been adjourned to 20 October to give the defence more time to examine electronic devices that may contain evidence for their case.
The couple were arrested and charged with several offences, including stealing, causing financial loss to the state and money laundering. Both have pleaded not guilty.
Appearing before the court on Wednesday, 7 October, Mr Dame asked for his application seeking the release of the seized property to be withdrawn. He told the court that EOCO had returned most of the items on Monday, 5 October.
“On Monday, October 5, the first accused was called by EOCO to come for the items which are the subject matter of the application filed,” Mr Dame said.
“He proceeded to the office and he was given all the items, including the money which was borrowed funds, except one phone and an accessory which is attached to one other mobile phone.
“After indicating same to EOCO officers, he was told he can come for it on Friday, October 9, as well as some other funds which was also not released.”
Mr Dame also asked the court to allow the defence additional time to access and assess the electronic devices. He said material on the phones and laptop would be important to the defence’s preparation for trial.
Deputy Attorney-General Dr Justice Srem-Sai, who is leading the prosecution, opposed the request for a delay. He argued that proceedings should begin because the prosecution was ready to call its first witness.
Dr Justice Srem-Sai said the defence had had sufficient time since Monday to review any documents or information required from the devices.
Augustine Obour, representing Faiza Seidu Wuni, supported Mr Dame’s request. He also told the court he hoped data had not been deleted from his client’s phones.
Justice Francis Apongabuno Achibonga, who is presiding over the case, said the defence should be allowed as much time as necessary to examine the seized property.
The judge noted that although the court had ordered the items to be released in May, EOCO and, by extension, the prosecution had only complied with that order in October.
Justice Achibonga subsequently struck out the application filed by Mr Dame and adjourned the case until 20 October, allowing the defence time to inspect the devices and report back to the court.
Reacting to the development, Mr Dame said he was pleased that the items had finally been released.
“It’s quite satisfying that today, pursuant to the orders the court made, EOCO then decided to release the items. It tells you that whenever investigative authorities comply with the requirements of the law, they do themselves a favour,” he said.
“We’re not going to start the trial until EOCO has fully complied with the law,” he added.