AG’s Media Trial Against Adu Boahene Unlawful – Lawyer Kwesi Botchway Jnr

Kwesi Botchway Jnr Esq., a private legal practitioner and a member of the New Patriotic Party’s (NPP) communication team, has taken strong exception to the conduct of Attorney-General and Minister for Justice, Dr. Dominic Ayine, describing the ongoing media trial of Kwabena Adu Boahene, former Director-General of the National Signals Bureau (NSB), as unlawful and improper.

Speaking in an interview on Asempa FM’s Ekosiisen, Botchway expressed grave concern over what he sees as an inappropriate public prosecution being waged against Adu Boahene through the media, rather than through the appropriate legal channels.

“The Attorney-General’s focus should be on prosecuting matters in court, not in the media. The Attorney-General is fundamentally an officer of the court, whose duty is to aid the judiciary in administering justice by presenting evidence gathered through proper investigative procedures. What we are witnessing now is quite the opposite,” he stated.

Prematurely casting judgment

He contended that the current posture of Dr. Ayine departs from this essential role, accusing the Attorney-General of overstepping his mandate by prematurely casting judgment in the public domain. “The Attorney-General is no longer acting as an impartial officer of the court. Instead, he seems to have taken on the role of an inquisitor—conducting his own investigations, drawing his own conclusions, and now seeking to foist those conclusions on the court,” the lawyer stated.

Botchway cautioned that such conduct not only risks prejudicing the outcome of the case but also undermines public trust in the judicial process. He added that should the court ultimately rule in favor of Adu Boahene, there is a likelihood that blame would be unfairly placed on the judiciary, particularly judges perceived to be sympathetic to the NPP.

“The danger here is that if the Attorney-General fails to secure a conviction, we may soon hear accusations that an ‘NPP judge’ was responsible for acquitting the accused,” he cautioned.

Fair trial

While acknowledging that media attention on legal matters can help inform the public, Botchway maintained that the primary focus should remain on ensuring a fair trial within the confines of the law. “It is not wrong to have public discourse around ongoing cases, but when the Attorney-General himself becomes a front-runner in the media trial, it completely defeats the ends of justice,” he emphasised.

Botchway emphasised that justice must be pursued within the confines of the courtroom, not through public discourse or media sensationalism.

“Justice must be served in the courtroom, not in the court of public opinion. It is only a matter of time, and innocence will be proven. We must tread cautiously when dealing with matters of law,” he said.

Botchway further warned against allowing emotions and political biases to overshadow the rule of law. He noted that while public interest in high-profile cases was understandable, it was crucial that legal standards remain paramount. “It is the law over emotions and political biases anyway. Vindication is in the womb of time,” he added.

Matters arising

The Accra High Court has ordered the remand of Kwabena Adu-Boahene into the custody of the Economic and Organised Crime Office (EOCO) for seven working days. The order was issued after his existing bail was revoked.

The remand is aimed at granting the Attorney General’s Office more time to complete the preparation of witness statements related to the case. The matter has been adjourned to May 13, 2025.

During the latest court session, discussions were held in-camera to determine whether Adu-Boahene should remain on his existing bail terms. The Attorney General opposed the continuation of his bail, citing claims that the former NSB head had attempted to interfere with key prosecution witnesses.

Adu-Boahene and his wife, Angela Adjei-Boateng, are accused of embezzling about $7 million in state funds under the pretense of executing a cyber defense contract between the Government of Ghana and an Israeli firm, ISC Holdings Limited. Investigators allege that the funds were funneled through their private company, BNC Communications Bureau, with only a portion reaching the Israeli contractor.

The rest was allegedly used for personal expenses, including the acquisition of properties.