An Accra High Court has given the defence team of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene a chance to close the GH¢49 million cybersecurity case without calling a defence witness. The court ordered the defence to file a 'no case to answer' submission by 25 September 2026. This development comes after 18 months of prosecution evidence in the case. The trial, which has been ongoing before Justice Francis Achibonga, involves Adu-Boahene and his co-accused facing charges of embezzlement and financial misconduct.
The case relates to a $7 million contract, valued at roughly GH¢49 million, for a cyber defence system procured while Adu-Boahene headed the NSB, Ghana's state agency responsible for signals intelligence and cybersecurity operations. The prosecution, led by the State, has presented its case over 18 months, with the defence concluding its cross-examination of the State's fourth and final prosecution witness on 8 September 2026. The court had initially set 5 November 2026 as the date to deliver judgment in the matter.
A submission of no case to answer is a legal argument made by the defence, typically after the prosecution has closed its case, contending that the evidence presented by the State is insufficient to sustain a conviction even if left unchallenged. If the judge accepts such a submission, the accused can be acquitted and discharged without the defence having to present any evidence or call witnesses of its own. The defence, led by counsel Samuel Atta Akyea, will file its submission by 25 September 2026.
The prosecution will then have two weeks after being served with the submission to file its response. The court will subsequently rule on the submission, which may impact the previously announced 5 November 2026 judgment date. The case has drawn public attention due to the size of the sum involved, GH¢49 million, and the seniority of the office at the centre of the allegations, the head of a state cybersecurity agency.
For Ghanaians following the case, the coming weeks could determine whether Adu-Boahene and his co-accused face a full defence hearing or are cleared at this stage on the strength of the arguments over the State's evidence. The case has been widely reported, with sources indicating that the defence's submission and the State's response will be crucial in determining the next steps.
The Accra High Court's directive on the no-case submission has emerged as a procedural step ahead of the judgment date. Justice Achibonga will consider the submission and the State's response before making a decision. The court's ruling on the submission is expected to have significant implications for the case.
The defence's deadline to file its submission is 25 September 2026, and the prosecution's response is due two weeks after being served. The court's decision on the submission will determine whether the trial will proceed to the defence's case or if Adu-Boahene and his co-accused will be acquitted and discharged.
Key points
- The Accra High Court has given the defence team of Kwabena Adu-Boahene until 25 September 2026 to file a 'no case to answer' submission.
- The submission could potentially lead to Adu-Boahene and his co-accused being acquitted and discharged without a full defence hearing.
- The case involves charges of embezzlement and financial misconduct linked to a $7 million contract for a cyber defence system procured by the NSB.
