The Accra High Court has rejected an application by Faiza Seidu Wuni, the second accused person in the ongoing National Food Buffer Stock Company (NAFCO) criminal trial, seeking permission to travel outside Ghana with her seven-year-old son for medical treatment, ruling that there was insufficient evidence to show the required healthcare could be accessed locally.

The decision marks another significant ruling in the high-profile Buffer Stock prosecution involving former NAFCO Chief Executive Officer Abdul-Wahab Hanan Aludiba and his wife, who are standing trial over allegations of diverting millions of cedis belonging to the state.

In dismissing the application, Justice Francis Apangabuno Achibonga held that applicants seeking leave to travel abroad on medical grounds must satisfy the court that the necessary treatment is unavailable within Ghana.

The judge concluded that the defence had failed to discharge that burden.

“I am not convinced that the child’s condition cannot be managed or treated within the jurisdiction,” the court ruled, adding that medical reports before the court showed the child was responding positively to ongoing therapy.

Application Based on Child’s Welfare

The application was filed by Faiza Seidu Wuni, who requested the temporary release of her passport to enable her to accompany her son abroad during the High Court’s legal vacation in August.

Her lawyer, Augustine Obuor, argued that the request was grounded in the welfare principle enshrined in the Children’s Act, 1998 (Act 560), which requires that the best interests of the child remain the paramount consideration in all decisions affecting children.

According to the defence, the child required specialist medical assessment and treatment outside Ghana, and because the courts would be on vacation during the proposed travel period, the trip would not interfere with the ongoing criminal proceedings.

Counsel further argued that as the child’s biological mother and primary caregiver, Faiza was the most appropriate person to accompany him for treatment.

The defence also criticised the State’s opposition, contending that prosecutors had placed greater emphasis on Faiza’s status as an accused person than on the welfare of the child.

According to the defence, concerns about whether she would return to stand trial should not supersede the child’s constitutional right to receive appropriate medical care.

Attorney-General Opposes Request

The application was strongly opposed by Deputy Attorney-General Justice Srem-Sai, who argued that the State had an obligation to balance the welfare of the child with the public interest in ensuring the uninterrupted prosecution of a serious criminal case.

Dr. Srem-Sai maintained that the evidence placed before the court did not establish that the child’s condition constituted a medical emergency or that the required treatment was unavailable in Ghana.

He also referred to the supporting affidavit, which indicated that the child’s medical appointments would extend beyond August 5, 2026, arguing that granting the application could affect the progress of the criminal trial if Faiza remained outside the jurisdiction for a prolonged period.

The Deputy Attorney-General clarified that the prosecution was not opposed to the child receiving medical care but maintained that there was a legal distinction between emergency treatment certified as unavailable in Ghana and a parent’s preference to seek further medical assessment abroad.

Court Finds No Exceptional Circumstances

After considering submissions from both sides, the court ruled that the defence had failed to provide evidence demonstrating that the child could not receive appropriate treatment within Ghana.

Justice Achibonga noted that medical reports before the court suggested the child was improving through therapy already being administered locally.

Consequently, the court declined to release Faiza’s passport and dismissed the application.

The ruling means the second accused person will remain in Ghana while the criminal proceedings continue.

Background to the Buffer Stock Case

Faiza Seidu Wuni and her husband, former NAFCO Chief Executive Abdul-Wahab Hanan Aludiba, are facing a 20-count criminal charge after the Attorney-General withdrew an earlier prosecution in May 2026 and filed fresh charges based on what prosecutors described as newly discovered evidence.

The State alleges that the couple participated in a scheme that diverted public funds earmarked for the National Food Buffer Stock Company and the School Feeding Programme for personal benefit.

Among the allegations are claims that Hanan fraudulently obtained GH¢734,400 in rent payments, diverted approximately GH¢50.8 million through transactions involving Sawtina Enterprise and authorised more than GH¢3.34 million in payments to a company prosecutors allege belonged to his wife.

The accused persons have pleaded not guilty to charges including stealing, defrauding by false pretences, abuse of public office for profit, wilfully causing financial loss to the state, dishonestly receiving and money laundering.

Case Continues to Draw National Attention

The Buffer Stock prosecution has become one of the most closely followed corruption cases, generating a series of legal battles over procedural issues, disclosure of evidence, seized property, travel applications and constitutional rights.

Only recently, the court ordered the Attorney-General to amend portions of the charge sheet after defence lawyers successfully challenged the wording of Counts 9 and 14, while the defence has also mounted separate legal challenges over Hanan’s airport arrest, the seizure of his personal belongings and the continued retention of electronic devices by the Economic and Organised Crime Office (EOCO).