The Court of Appeal has granted an application by former National Food Buffer Stock Company (NAFCO) Chief Executive Officer, Hanan Abdul Wahab, for a stay of proceedings at the High Court pending the determination of his appeal challenging a ruling on the charges against him.

The decision puts on hold the trial which was expected to begin on Tuesday, October 20 with the prosecution opening its case.

The application was moved by Hanan’s lawyers led by former Attorney-General Godfred Yeboah Dame and Richard Gyambiby, and opposed by Deputy Attorney-General, Dr Justice Srem-Sai, who represented the Republic.

Moving the application, Mr. Dame argued that the appeal raised fundamental issues concerning the accused person’s right to a fair trial.

He contended that allowing the trial to proceed before the appeal was determined could occasion substantial injustice, particularly over what he described as inadequate particulars in the charge sheet.

The defence challenged counts 3, 13 and 18 which relate to stealing as well as counts 1 and 14 which concern defrauding by false pretences.

On count 3, Mr. Dame argued that the prosecution had grouped several transactions into a single count, alleging that Hanan stole approximately GH¢50 million through payments made between 2017 and 2025.

He said the charge sheet failed to provide sufficient details of the transactions, although the prosecution’s summary of facts referred to 86 transactions.

The former Attorney-General also argued that the prosecution had failed to clearly identify the alleged false representations underlying the charges of defrauding by false pretences.

He urged the court to grant the application, insisting that the Republic would suffer no prejudice, particularly as the record of appeal was ready.

Opposing the application, Dr Srem-Sai argued that the defence had failed to demonstrate the exceptional circumstances required to justify a stay of proceedings.

He maintained that similar offences allegedly committed repeatedly over a period could, where permitted by law, be grouped into a single count.

The Deputy Attorney-General further argued that disagreement with a trial judge’s decision was not sufficient grounds to halt proceedings, adding that the trial could be quashed if the appeal succeeded.

In its ruling, a three-member panel presided over by Justice Noble Nkrumah with Justices Lydia Osei Marfo and George Boadi, underscored the importance of the charge sheet in criminal proceedings, describing it as the structure upon which a trial is built.

The court held that the issues raised by the defence concerning the charge sheet constituted exceptional circumstances warranting a stay of proceedings and consequently granted the application pending the determination of the appeal.

The appeal challenges a ruling by Justice Francis Achibonga who, in July, ordered amendments to two charges relating to defrauding by false pretences but dismissed the defence’s broader application seeking to have the charges struck out.

The Court of Appeal’s decision means proceedings at the High Court will remain on hold until the appeal is determined.