The High Court of Ghana has dismissed an application by Samuel Atta Akyea, lead counsel for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, to expunge parts of the prosecution's written submissions in his trial. The application was made on the grounds that some statements attributed to witnesses were false. The court, however, held that written submissions cannot replace evidence and that it would decide the case only on testimony and exhibits properly admitted at trial.
Reacting to the dismissal, Mr. Atta Akyea expressed satisfaction that the prosecution did not deny his claim that some of the statements attributed to witnesses were false. He stated that he was pleased the Attorney-General's side had not challenged his facts and was encouraged that the court would look at the case and differentiate between truth and falsehood.
Mr. Atta Akyea explained that the application was necessary to bring to the court's attention the falsehoods in the prosecution's written submissions. He emphasized that as a lawyer, it was his duty to ensure that the truth is brought to bear on the proceedings. The court noted the points he raised, but Mr. Akyea had wanted the passages removed, citing that the court cannot allow falsehoods to stand alongside the truth.
The Deputy Attorney-General, Dr. Justice Srem-Sai, had opposed the application, arguing that the court has no general power to expunge parts of a written address because the other side disputes its accuracy. He also noted that the accused had already raised the alleged misrepresentation in their reply to the prosecution's submissions, filed on October 19, 2026.
The court dismissed the application on Thursday, October 29, 2026. The judge stated that the court would decide the case only on testimony and exhibits properly admitted at trial. The court will rule on the submission of no case to answer on November 5, 2026.
Mr. Atta Akyea's application was made to highlight the discrepancies in the prosecution's written submissions. He stressed that it was essential for the court to consider the truth and accuracy of the evidence presented. The dismissal of the application means that the trial will proceed with the existing evidence.
The trial of Kwabena Adu-Boahene is ongoing, with the court yet to deliver a verdict. The case has garnered significant attention, with many awaiting the outcome. The court's decision on the submission of no case to answer on November 5, 2026, is expected to have a significant impact on the trial.
Key points
- The High Court of Ghana has dismissed an application to expunge parts of the prosecution's written submissions in the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene.
- The application was made on the grounds that some statements attributed to witnesses were false.
- The court will rule on the submission of no case to answer on November 5, 2026.
