The Attorney-General has filed an application before the High Court seeking to set aside an order granted on Monday, June 29, permitting Hanan Abdul-Wahab Aludiba, the first accused in a pending criminal trial, to travel to the United Kingdom for specialist medical treatment.
According to a statement from the Office of the Attorney-General, the application follows material facts and developments that came to the attention of the Prosecution after the travel order was granted — developments the Office says fundamentally alter the basis on which the Court exercised its discretion.
An affidavit filed in support of the application alleges that the first accused attempted to rely on an order from a differently constituted High Court, made in separate proceedings, to access funds held in bank accounts still subject to valid freezing orders obtained by the Economic and Organised Crime Office (EOCO).
The Attorney-General’s Office says the attempt violates Section 37 of the Economic and Organised Crime Act, 2010 (Act 804).
The affidavit further states that the financial institution involved declined the attempted withdrawal and alerted investigative authorities.
The Office noted that the attempted withdrawal occurred shortly before the accused was due to depart Ghana, raising concerns about compliance with existing court orders, the integrity of the ongoing trial, and the risk that he may fail to return to stand trial if allowed to leave the jurisdiction.
The Attorney-General maintains that these facts, which were not before the Court when the travel order was made, may materially influence the Court’s decision on the matter.
The Office said it has therefore taken the earliest opportunity to bring the developments to the Court’s attention, inviting it to reconsider the earlier order in the interest of justice.
The statement stressed that the application is part of the ordinary legal process available under Ghanaian law in cases involving a material change in circumstances after a judicial order, and does not seek to prejudge the substantive issues in the case.
The first accused, the Office noted, continues to enjoy the constitutional presumption of innocence until proven guilty by a court of competent jurisdiction.
The statement also disclosed that Aludiba has since been granted bail by EOCO following his arrest.
The Office of the Attorney-General said that as the matter remains pending before the High Court, it will make no further comments, while reaffirming its commitment to upholding the rule of law, protecting the integrity of criminal proceedings, and ensuring due process for all accused persons.