The prosecution in the National Food Buffer Stock Company Limited (NAFCO) corruption case faced a significant setback on Wednesday when the High Court halted proceedings due to the submission of unsigned witness statements. The development occurred at a hearing before Justice Francis Achibonga, where the Deputy Attorney-General, Dr. Justice Srem-Sai, informed the court of the prosecution’s readiness to proceed with the Case Management Conference.
Procedural Hurdles Emerge
Counsel for the first accused person immediately raised an objection, arguing that the defense had only received one properly filed witness statement. The remaining documents, according to the defense, could not be considered valid witness statements under Ghana’s criminal laws as they lacked the required signatures and verification mandated by the Practice Directions on Disclosure and Case Management Rules.
The defense emphasized that the rules stipulate the prosecution must file and serve all witness statements and documentary evidence intended for reliance before a Case Management Conference can commence. This procedural requirement is designed to ensure transparency and allow the defense adequate time to prepare their case.
Prosecution’s Argument and Court’s Ruling
Dr. Srem-Sai countered that a Case Management Conference is an ongoing process, and the prosecution could still file the necessary witness statements at a later stage. He also contended that no specific rule explicitly required all witness statements to be filed prior to the conference’s initiation.
However, Justice Achibonga upheld the defense’s objection. The judge acknowledged that while a Case Management Conference is a process, it cannot meaningfully proceed without signed witness statements from the prosecution. The court stated unequivocally that an unsigned witness statement
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