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The High Court, Criminal Division 3, on the 28th day of May, 2026 upheld the objection, yet again, of the learned former Attorney-General and Justice Minister, Godfred Yeboah Dame to the filed but unsigned witness statements of the Attorney-General in the case of Republic vrs Hanan Abdul-Wahab & 4 Others.
The respected Court of Appeal Justice, H/L Justice Francis Apangano Achibonga J.A who appeared to be clear in his mind on the effect of an unsigned witness statement to the conduct of case management rejected the fervent arguments of Dr. Justice Srem-Sai who suggested to the Court that the business for the day, Case Management Conference could not suffer an adjournment over the unsigned witness statements.
Dame's objection
In his usual pointed advocacy, Mr. Dame, who enjoys the support of the respected criminal law lecturer, Mr. Gyembiby, argued that the conduct of business for the day, case management conference could not proceed owing to defective witness statements filed and sought to be relied upon by prosecution in the trial of the former Chief Executive of the Buffer Stock Company.
The learned Godfred Yeboah Dame argued that the accused persons had been served with only one witness statement and that, in his view, the other documents filed could not be considered as witness statements under since they had neither been signed nor verified as required by the Practice Directions on Disclosures and Case Management.
Mr. Dame further submitted that the Practice Directions on Disclosures and Case Management Rules stipulate that the prosecution must file and serve on the accused persons all witness statements and documents to be relied upon before a case management conference can be conducted.
Srem-Sai demures
The learned Deputy Attorney-General, Dr Justice Srem-Sai, recanted the position of his opposite number. Dr. Srem-Sai argued that case management conference is a process, and thus the prosecution can file witness statements during the course of proceedings. He further argued that there is no rule that witness statements should be filed before case management conference can commence.
2 days ago
2 days ago
2 days ago
26th May, 2026
Objection sustained; adjournment occasioned
The assertive Achibonga, performing additional duties on the High Court Bench to his duties on the Court of Appeal Bench upheld the objection raised by Lawyers for the accused. The Court formed the view that whilst it is true that case management conference is a process, it is not possible for it to be done with unsigned witness statements filed by Prosecution.
Per the Presiding judge, a witness statement which has not been signed has no value and is as good as an unfiled witness statement. The Court in offering a reasoning for upholding the objection held that if prosecution failed to use a filed witness statement, under the rules, they could be tendered by the defence. According to His Lordship, if a witness statement is unsigned it cannot be relied upon by the defence.
With the defects coming between the Court and the conduct of business for the day, the Court adjourned proceedings to 9th and 11th June 2026 for prosecution to put its house in order and the conduct of case management conference.
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