The prosecution of the former Chief Executive Officer of National Food and Buffer Stock Company Limited hit another snag today when an attempt by the Prosecution to proceed with a Case Management Conference was halted due to the failure of the prosecution to file signed witness statements in the matter, contrary to the rules of court.
At the hearing on Wednesday, 28th May, 2026, Deputy Attorney-General, Dr Justice Srem-Sai told the court presided over by Justice Francis Achibonga that all documents had been filed and the Republic was ready to start with the case management conference.
However, counsel for the first accused, Godfred Yeboah Dame, raised an objection to the commencement. Mr Dame indicated 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 the criminal laws of Ghana since they had neither been signed nor verified as required by the Practice Directions Disclosures and Case Management Rules.
Mr Dame further submitted that the Practice Directions, 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.
Dr Srem-Sai, responding to the objection, stated that the case management conference is a process, and therefore, the prosecution can file witness statements later.
He added that there is no rule that witness statements should be filed before the case management conference can begin.
Justice Achibonga upheld the objection by counsel for the accused and stated that whilst it is true that a case management conference is a process, it is not possible for it to be done without witness statements filed by the Prosecution having been signed. According to the judge, a witness statement which has not been signed has no value and is only as good as a witness statement which has not been signed.
He further indicated that it is important that the witness statements filed by the prosecution be signed, because even if the prosecution failed to use them, under the rules, they could be tendered by the other side. It is not possible for an unsigned witness statement to achieve that.
The judge noted that he had earlier ordered the prosecution to file all documents it intended to rely on.
The failure of the prosecution to file signed witness statements indicated that the order of the court had not been complied with. The judge ruled that in the circumstances, he was unable to proceed with the case management conference.
The judge adjourned proceedings to 9th June and 11th June 2027 in the hope that the prosecution would be able to file signed witness statements.
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