The Accra High Court will soon determine whether Kwabena Adu-Boahene, the former Director-General of the National Signals Bureau (NSB), will face a full trial or be discharged. His lawyer, Samuel Atta Akyea, has filed a 'submission of no case to answer', arguing that the prosecution's evidence is insufficient. The case involves a $7 million contract with Israeli firm ISC for a cyber defence system that was never delivered. Adu-Boahene, his wife Angela Adjei-Boateng, and a third accused person face charges of embezzlement and financial misconduct.
The defence's argument centres on inconsistencies in the state's evidence and the failure to call key witnesses. During cross-examination, an Economic and Organised Crime Office (EOCO) investigator, Frank Marshall Cromwell, admitted that EOCO never verified with ISC or the National Security Council whether the cyber defence system was purchased or delivered. This admission is being used by the defence to question the thoroughness of the state's investigation.
The prosecution, led by Dr Justice Srem-Sai, insists it has presented enough evidence to show that GH¢49.1 million, government money sitting in a state agency's account, was misused. The state's case is that Adu-Boahene opened a private bank account on the day the first cheque tied to the contract was issued and allegedly diverted funds into that account. Prosecutors claim bank statements, purchase receipts, and property ownership documents show the diverted funds were used to acquire luxury items.
Cromwell had earlier testified that Adu-Boahene transferred GH¢9.54 million to ISC Holdings but made no further payments toward the contract. The prosecution has called four witnesses, including Adu-Boahene's driver, Frank Anane Dekpey, who testified to carrying cash in "Ghana Must Go" bags on his employer's instructions. The defence's no-case submission is a formal exercise of an earlier court-granted opportunity to seek an early end to the trial.
The case is significant for ordinary Ghanaians, as it involves taxpayer money meant to strengthen the country's cyber defence capabilities. The Accra High Court will now decide whether the prosecution's evidence is sufficient to require Adu-Boahene and his co-accused to mount a defence. The sources do not indicate a date for the court's ruling on the no-case submission.
Adu-Boahene, his wife, and a third accused person have pleaded not guilty and remain on bail. The prosecution's witnesses have testified about the movement of funds out of the NSB account and the alleged use of diverted funds to acquire luxury items. The defence's argument that key witnesses were not called to testify may be a crucial factor in the court's decision.
The court will review the prosecution's evidence and the defence's submission to determine the next course of action. If the court grants the no-case submission, Adu-Boahene and his co-accused may be discharged. Otherwise, the trial will proceed, and the accused will have to mount a defence against the charges.
Key points
- The Accra High Court will decide on the no-case submission filed by Adu-Boahene's lawyer.
- The prosecution claims to have presented enough evidence to show that GH¢49.1 million was misused.
- The defence argues that inconsistencies in the state's evidence and the failure to call key witnesses undermine the prosecution's case.
