Court dismisses Adu-Boahene’s request for further disclosures that prove his innocence

The Accra High Court has dismissed an application by former Director General of the National Security Bureau (NSB), Kwabena Adu-Boahene, and three others seeking further disclosures from the National Security Secretariat, which they claim could exonerate them from the criminal charges they currently face.

In a ruling delivered on Thursday, July 3, Presiding Judge Eugene Nyadu Nyantei rejected a motion filed by lawyers for Adu-Boahene, led by Samuel Atta Akyea, which sought to compel the state to release operational account records of the National Security Coordinators dating as far back as 1992.

Argue

The defence had argued that full disclosure of those records was essential to demonstrate the selective nature of the prosecution’s case and to prove the innocence of the accused.

The request, originally filed on June 23 and served on the Office of the Attorney-General, asked for the operational financial accounts of the National Security Coordinators spanning six presidential administrations—from Jerry Rawlings through to the current Mahama government.

Addressing the court, Atta Akyea accused the Attorney-General of cherry-picking information that suits the state’s case, while withholding potentially exculpatory material. He cited legal precedent and practice directions that, in his view, make full disclosure mandatory where such information could aid the defence.

“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,” he stated.

He further contended that by making selective disclosures from the National Security Coordinator’s Special Operations account, the prosecution had opened the door for a broader examination of financial transactions under the various administrations.

Opposed

However, Deputy Attorney-General Dr. Justice Srem Sai opposed the motion, describing it as a fishing expedition that had no bearing on the charges before the court.

He explained that the prosecution’s case is rooted in allegations that Adu-Boahene, Angela Adjei Boateng, Mildred Donkor, and their company, Advantage Solutions Limited, misappropriated state funds by transferring money from a government account into a private company they created.

Adjournment

In dismissing the motion, the presiding judge directed the defence to file their disclosures and indicated that the substantive trial would commence on July 18.

Reacting to the ruling, Atta Akyea requested a short adjournment, arguing that the defence team needed time to study the court’s reasoning and decide whether to file an 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 submitted.

Dr. Srem Sai resisted the request, urging the court to proceed without delay. This drew a sharp response from Atta Akyea, who accused the prosecution of suppressing key documents while pushing for what he described as a rushed trial.

“The Attorney-General is hiding documents—you say you want to go on trial. I won’t accept any ambulance trial,” he indicated.