Adu-Boahene acquitted on two counts, ordered to open defence on nine others

The Accra High Court, presided over by Justice Francis Apangabuno Achibonga, delivered its ruling on a submission of no case in the case of the Republic v. Kwabena Adu-Boahene and two others. The court reviewed the evidence led by the prosecution witnesses, including former taxi driver and chauffeur Frank Anane Dekpey, who testified that he withdrew monies on the direction of Adu-Boahene.

The prosecution, represented by Deputy Attorney-General Dr. Justice Srem-Sai, had charged Adu-Boahene, former Director-General of the National Signals Bureau, with various counts, including stealing and conspiracy to steal. The court held that the prosecution had led sufficient evidence that the money belonged to the Government of Ghana and it is now up to the accused to lead evidence proving otherwise.

On count one, stealing GH¢27.1 million, the court held that the prosecution had led sufficient evidence that Adu-Boahene appropriated the money, thereby denying the state the benefit of the said money. The court also held that the testimony of the prosecution witnesses under this count had not been discredited. Adu-Boahene was ordered to open his defence on this count.

The court acquitted and discharged Adu-Boahene on count five, defrauding by false pretences, as the prosecution had not led any evidence as to the representation made by Adu-Boahene that allowed him to move the GH¢49.1 million to the BNC Communications Bureau Limited account. However, on count six, wilfully causing financial loss to the state, the court held that there was a triable issue as to whether a cybersecurity device had been supplied to the BNC.

The court also ordered Adu-Boahene to open his defence on counts two, three, four, seven, ten, and eleven. His wife, Angela Adjei-Biateng, the second accused, was ordered to open her defence on counts four, eight, ten, and eleven. The third accused, Advantagw Solution, was also ordered to open its defence on certain counts.

The court found that the prosecution had established prima facie the predicate offence of stealing and had established prima facie that the three accused persons allowed themselves to be used to commit money laundering. The accused persons were therefore called upon to open their defence on the specified counts.

In all, Adu-Boahene was acquitted and discharged on two counts and ordered to open his defence on nine others. The court's ruling was delivered after reviewing the evidence led by the prosecution witnesses.

Key points

• Adu-Boahene acquitted on two counts and ordered to open defence on nine others
• Court finds sufficient evidence to require Adu-Boahene to open defence on several counts
• Acquittal and discharge on certain counts due to lack of evidence from prosecution