High court dismisses request by Adu-Boahene for further disclosures that prove his innocence
The defence for Kwabena Adu-Boahene, the former National Signals Bureau boss, had argued that full disclosure of operational account records was essential to show the selective nature of the prosecution’s case
The Accra high court has dismissed an application by the former director general of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and three others seeking further disclosures from the National Security Secretariat which, they claim, could exonerate them from the criminal charges they are facing.
In a ruling delivered on Thursday (3 July), the presiding judge, Eugene Nyadu Nyantei, rejected a motion filed by lawyers for Adu-Boahene, led by Samuel Atta Akyea, which sought to compel the state to release operational account records of National Security co-ordinators dating as far back as 1992.
Argument
The defence had argued that full disclosure of these records was essential to demonstrate the selective nature of the prosecution’s case and to prove the innocence of the accused.
The request, originally filed on 23 June and served on the Office of the Attorney General, asked for the operational financial accounts of the national security co-ordinators spanning six presidential administrations – from Jerry Rawlings through to the current Mahama government.
Addressing the court, Atta Akyea accused the Attorney General of cherry-picking information that suits the state’s case, while withholding potentially exculpatory material. He cited legal precedent and practice directions which, in his view, make full disclosure mandatory where such information could aid the defence.
“It is not within the discretion of the Attorney General to determine which disclosures are palatable and which are not,” Atta Akyea said. “The prosecution cannot be allowed to build its case while depriving the accused of material that could establish their innocence.”
He further argued that by making selective disclosures from the National Security Co-ordinator’s special operations account, the prosecution had opened the door to a broader examination of financial transactions under the various governments.
Opposed
However, the deputy attorney general, Justice Srem Sai, opposed the motion, describing it as a fishing expedition that had no bearing on the charges before the court.
He argued that the prosecution’s case is rooted in allegations that Adu-Boahene, his wife, Angela Adjei Boateng, Mildred Donkor, and their company, Advantage Solutions Ltd, misappropriated state funds by transferring money from a government account to a private company they had created.
Adjournment
Dismissing the motion, the presiding judge directed the defence to file its disclosures and announced that the substantive trial will commence on 18 July.
Reacting to the ruling, Atta Akyea requested a short adjournment, arguing that the defence team needed time to study the court’s reasoning and decide whether to file an appeal or seek a stay of proceedings.
“Ordinarily, an order of this nature ought to come with a week’s suspension to give room for contemplation. We are entitled to understand the full scope of your ruling before deciding on our next legal steps,” he submitted.
Srem Sai resisted the request, urging the court to proceed without delay. This drew a sharp response from Atta Akyea, who accused the prosecution of suppressing key documents while pushing for what he described as a rushed trial.
“The Attorney General is hiding documents. You say you want to go on trial. I won’t accept any ambulance trial,” he declared.
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