Lead Counsel for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, Angela Adjei Boateng and Advantage Solutions Ltd., Samuel Atta Akyea, has filed a submission of no case to answer. The submission, filed on September 25, 2026, follows the closure of the prosecution’s case before the High Court in Accra. Mr Akyea argues that the prosecution has failed to establish a prima facie case against the accused persons.
The case centers on the alleged dishonest appropriation of GH¢49.1 million, which the prosecution says was obtained under the guise of procuring a US$7 million cyber-defence system. The defence, however, has challenged the prosecution’s characterisation of the source of the funds, the ownership of the money, the purpose of three cheques and the allegation that the funds were subsequently diverted.
A major issue raised in the submission concerns a Fidelity Bank account from which three cheques – GH¢27.1 million, GH¢1 million and GH¢21 million – were drawn. The defence relies on evidence from prosecution witnesses indicating that the account was a special-operations account controlled by the National Security Coordinator. The account was identified in the bank’s records as “Coordinator’s Account – NSC”.
The defence further points to evidence that all three cheques bore the signature of the late National Security Coordinator, Joshua Kyeremeh. PW2, Ruby Edith Aduamoah, Head of Finance at the NSB, confirmed that the funds were for special operations. The defence argues that the prosecution has failed to establish the purpose of the GH¢49.1 million, citing repeated statements from PW2 that she did not know the purpose of the three cheques.
Another major issue raised by the defence is the prosecution’s failure to call or properly investigate material witnesses. Particular emphasis is placed on the then National Security Coordinator, Joshua Kyeremeh, who signed all three cheques and would have had direct knowledge of their purpose. The defence also points to the failure to interview Seth Kwadwo Danso, then Director of Finance at the Office of the National Security Coordinator.
The defence challenges the prosecution’s allegation that the cyber-defence system was never delivered. It argues that ISC Holdings Limited, identified as the alleged supplier, was not contacted by investigators to establish whether the system was delivered. The submission refers to documentary evidence showing payment milestones allegedly linked to the delivery and acceptance of the system.
The submission now puts the prosecution’s evidence before the court for determination of whether the Republic has established a prima facie case sufficient to require the accused persons to defend themselves. The Attorney-General has 14 days to respond to the submission. The defence will then have seven days to file its reply, after which the court is expected to determine whether the accused persons have a case to answer.
Key points
- The prosecution's failure to establish the purpose of the GH¢49.1 million
- The defence challenges the prosecution's allegation that the cyber-defence system was never delivered
- The prosecution's failure to call material witnesses, including the then National Security Coordinator, Joshua Kyeremeh
