Court denies Adu-Boahene’s request for additional national security disclosures
The Accra High Court has rejected a request from the former Director-General of the National Security Bureau (NSB), Kwabena Adu-Boahene, and three co-defendants for further disclosures from the National Security Secretariat that they claimed could prove their innocence in ongoing criminal proceedings.
On Thursday, July 3, Justice Eugene Nyadu Nyantei delivered the ruling, dismissing a motion filed by Adu-Boahene’s legal team, led by Samuel Atta Akyea, seeking to compel the state to release operational account records of past National Security Coordinators dating back to 1992.
They also requested that the Attorney-General’s office provide missing pages from previously disclosed documents.
Lead attorney for the defendants, Samuel Atta Akyea argued that full disclosure of these records was critical to demonstrate what he termed as selective prosecution and to establish the innocence of the accused individuals.
“It is not within the discretion of the Attorney-General to determine which disclosures are palatable and which are not. The prosecution cannot be allowed to build its case while depriving the accused of material that could establish their innocence,” told the court.
The application, filed on June 23 and served to the Attorney-General’s office, specifically sought financial account records from six successive administrations, starting from Jerry John Rawlings’ era to the current Mahama administration. Atta Akyea emphasized that the state’s partial disclosure of the National Security Coordinator’s Special Operations account warranted a broader examination of financial transactions across all administrations.
However, Deputy Attorney-General Dr. Justice Srem Sai kicked against the motion, describing it as a “fishing expedition” irrelevant to the charges at hand. He clarified that the prosecution’s case revolves around allegations that Adu-Boahene, Angela Adjei Boateng, Mildred Donkor, and their company, Advantage Solutions Limited, misappropriated state funds by diverting money from a government account into a private entity they established.
The presiding judge, Justice Nyantei ultimately dismissed the defence’s request and instructed them to file their disclosures, and confirmed that the substantive trial is set to begin on July 18.
Following the ruling, Atta Akyea requested a brief adjournment to allow the defence team time to review the court’s reasoning and consider whether to appeal or seek a stay of proceedings.
“Ordinarily, an order of this nature ought to come with a week’s suspension to give room for contemplation. We are entitled to understand the full scope of your ruling before deciding on our next legal steps,” he remarked.
Deputy Attorney General Srem Sai opposed this request, urging the court to proceed without delay, an objection which prompted a rebuttal from the defence Counsel who accused the prosecution of hiding important documents while attempting to expedite the trial process, and stated firmly that no “ambulance trial” will be accepted.
By: Novire Kuuyizie Francis
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