The High Court has stalled proceedings in the trial of the former Chief Executive Officer of the National Food and Buffer Stock Company after prosecutors failed to file signed witness statements, a requirement under criminal procedure rules.
The setback occurred on Thursday (28 May), when the prosecution attempted to proceed with a case management conference before the High Court presided over by Justice Francis Achibonga.
Deputy Attorney-General Dr Justice Srem-Sai told the court that the State had filed all necessary documents and was ready to commence the case management process.
However, counsel for the first accused, former Attorney-General Godfred Yeboah Dame, objected, arguing that the prosecution had not complied with disclosure rules.
He said the accused persons had been served with only one valid witness statement and that the remaining documents could not be considered legally valid because they were neither signed nor verified, as required by the Practice Directions on Disclosures and Case Management.
Mr Dame further argued that the rules require all witness statements and documents to be served on the defence before a case management conference can proceed.
Responding, Dr Srem-Sai maintained that case management is a process and that witness statements could be filed at later stages, insisting there was no strict requirement for them to be available before the conference begins.
But Justice Achibonga upheld the objection, ruling that unsigned witness statements have no legal value and cannot be relied upon in proceedings.
He said the court had earlier directed the prosecution to file all documents it intended to rely on, and its failure to file signed witness statements amounted to non-compliance with that order.
The judge stressed that even if the prosecution did not rely on the statements, they could still be used by the defence under the rules, making proper signing and filing essential.
He therefore declined to proceed with the case management conference and adjourned the case to 9 and 11 June, to allow the prosecution to comply with the court’s directives.
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