Court Sets July 10 Hearing in Former NAFCO CEO Case

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A High Court in Accra has fixed 10 July to hear a habeas corpus application seeking the production of former NAFCO Chief Executive Hanan Abdul-Wahab Aludiba, whose arrest at Kotoka International Airport has triggered a legal dispute between his lawyers and the Attorney-General’s Office.

ACCRA, Ghana — A High Court in Accra has fixed 10 July to hear a habeas corpus application filed on behalf of former National Food Buffer Stock Company (NAFCO) Chief Executive Hanan Abdul-Wahab Aludiba, following his arrest at Kotoka International Airport despite an earlier court order permitting him to travel to the United Kingdom for medical treatment.

The application asks the court to direct the Director of the Bureau of National Investigations (BNI) and the Attorney-General to produce Aludiba before the court and justify the legality of his continued detention. The High Court has scheduled the matter for hearing on 10 July.

A writ of habeas corpus is a legal procedure that enables a court to require public authorities to explain the legal basis for a person’s detention. It does not determine whether the detainee is guilty or innocent of any offence.

Airport arrest follows court-approved travel

According to court filings and statements from his legal team, Aludiba had obtained permission from the High Court on 29 June to travel to the United Kingdom between 4 and 12 July for a medical appointment relating to a worsening eye condition. The order was granted after submissions from both the prosecution and defence.

His lawyers say he completed immigration and security procedures at Kotoka International Airport before he was intercepted by armed operatives shortly before boarding his flight on 4 July. They contend that he was not informed of the reasons for his arrest and was initially denied access to legal representation.

The legal team further alleges that family members only discovered later that he was being held at the BNI headquarters in Accra. Those claims form part of the affidavit supporting the habeas corpus application.

Attorney-General cites alleged bank account activity

The Attorney-General’s Office has presented a different account of the events leading to the arrest.

Deputy Attorney-General and Minister of Justice Justice Srem-Sai said Aludiba was arrested after authorities received information alleging that he had attempted to access a frozen Republic Bank account shortly before his planned departure. He also indicated that the Attorney-General intended to apply to the High Court to review the earlier order permitting overseas travel.

The defence disputes those allegations.

Lawyers representing Aludiba maintain that no valid court order freezing his bank accounts was in force at the time of the arrest. They argue that previous freezing orders lapsed after the withdrawal of earlier charges and have challenged the Attorney-General’s Office to produce evidence supporting its claims.

Deputy Attorney-General and Minister of Justice Justice Srem-Sai

Lawyers threaten contempt proceedings

In a statement issued after the arrest, Aludiba’s lawyers described the airport detention as unlawful and alleged that it violated an existing High Court order permitting their client to travel abroad.

The legal team, led by former Attorney-General Godfred Yeboah Dame, has indicated that it intends to initiate contempt proceedings against the Attorney-General, Deputy Attorney-General and officials of the Bureau of National Investigations over the arrest.

The Attorney-General’s Office had not publicly responded to the lawyers’ threat of contempt proceedings at the time of publication beyond its explanation of the reasons for the arrest.

Wife seeks court intervention

Separately, Aludiba’s wife, Hajia Faiza Seidu Wuni, has also petitioned the High Court, arguing that her husband’s continued detention violates his constitutional rights to personal liberty and legal representation. In her application, she asks the court to order the authorities to produce her husband so the legality of his detention can be examined. She also disputes allegations that he attempted to withdraw money from a frozen account, describing them as unfounded.

The former Chief Executive Officer (CEO) of the National Food and Buffer Stock Company (NAFCO), Hanan Abdul-Wahab, and his wife, Faiza Seidu Wuni, remain in custody despite being granted bail by the High Court in Accra last Thursday. — Hanan Abdul-Wahab, and his wife, Faiza Seidu Wuni

Background to the criminal case

Aludiba is standing trial alongside several others on charges including conspiracy to commit crime, stealing, money laundering and causing financial loss to the state in connection with his tenure at NAFCO. He has pleaded not guilty to the charges.

The airport arrest does not relate to a determination of those criminal charges. Instead, the current legal dispute centres on whether his arrest and continued detention complied with the earlier High Court order permitting him to travel abroad.

Legal Affairs Analysis

Understanding the Aludiba Habeas Corpus Proceedings

The High Court’s scheduled hearing focuses on whether the applicant’s detention complies with Ghanaian law. It does not determine the criminal allegations against him.

Timeline

29 June

High Court grants Aludiba permission to travel to the United Kingdom for medical treatment.

4 July

Aludiba is arrested at Kotoka International Airport before boarding his flight.

5 July

His legal team describes the arrest as unlawful and announces plans to pursue contempt proceedings.

6 July

Lawyers file a habeas corpus application seeking his production before the High Court.

10 July

The High Court is scheduled to hear the habeas corpus application.

Nukunya Analysis

Why This Matters

Habeas corpus is one of the oldest legal safeguards protecting individual liberty. It allows a court to examine whether a person’s detention complies with the law.

The current proceedings therefore raise broader constitutional questions about the relationship between judicial orders and executive law-enforcement powers, rather than determining whether the applicant committed any criminal offence.

Whatever the outcome, the High Court’s decision could influence future interpretations of procedural safeguards available to individuals challenging detention in Ghana.

Editorial Note This hearing concerns the legality of detention. It is separate from any future criminal proceedings. All allegations remain allegations unless proven before a competent court.

Key Takeaways

High Court has fixed 10 July to hear the habeas corpus application.
Aludiba was arrested after previously receiving court approval to travel abroad for medical treatment.
The Attorney-General says the arrest followed an alleged attempt to access a frozen bank account.
The defence disputes that allegation and argues the arrest breached an existing High Court order.
Lawyers have announced plans to pursue contempt proceedings against senior state officials.
Aludiba remains presumed innocent of any criminal allegation unless and until proven guilty by a court of competent jurisdiction.

Legal Explainer

Frequently Asked Questions

The following answers summarise the key legal issues surrounding the High Court proceedings based on publicly available court filings and statements available at the time of publication.

What is habeas corpus?

Habeas corpus is a legal procedure requiring the state to justify a person’s detention before a court. It is designed to protect individuals against unlawful deprivation of liberty.

Why was Hanan Abdul-Wahab Aludiba arrested?

According to the Attorney-General, the arrest followed an alleged attempt to access a frozen bank account before Aludiba travelled abroad. His legal representatives dispute that account and maintain that the arrest was unlawful.

What will happen on 10 July?

The High Court is scheduled to hear the habeas corpus application and consider whether Aludiba’s detention complies with Ghanaian law. The hearing does not determine whether he is guilty of any criminal offence.

Has the criminal case been decided?

No. Aludiba has pleaded not guilty and the criminal proceedings remain before the courts. Under Ghanaian law, he is presumed innocent unless and until proven guilty by a court of competent jurisdiction.