Court rejects AG’s attempt to twist facts in Adu-Boahene case
An Accra High Court has delivered a series of decisive rulings in the ongoing trial of the Republic v Kwabena Adu-Boahene, former Director-General of the NSB, pushing back against objections by the Deputy Attorney-General, Dr. Justice Srem-Sai, and admitting key evidence that “bolsters the defence’s case on the operational use of funds”.
The rulings followed a rigorous cross examination of prosecution witness Edith Ruby Opokua Adumuah, AG’s prosecution witness and Head of Finance at the National Signals Bureau, by defence counsel Samuel Atta Akyea at Criminal Court 3 of the Accra High Court on Tuesday, 21st April, 2026.
At the heart of the proceedings was the question of whether large cash withdrawals captured in bank statements were used for private benefit or for official National Security operations. Under questioning, the witness conceded that the withdrawals, including those made in her name, were not for private use but were undertaken for operational purposes.
This admission extended to several other officials within the National Security structure, whose names appeared on withdrawal records. The witness indicated that she and other National Security operatives withdrew funds from the BNC account at UMB Bank for special operations, maintaining that such withdrawals, including hers, were not intended for personal gain.
Despite these concessions, attempts by the prosecution to challenge the defence’s characterization of certain accounts and transactions were met with resistance from the court. A key point of contention was the description of a UMB Bank account referred to by the defence as the “BNC Operations Account,” a claim the Deputy Attorney-General repeatedly disputed. The court, however, allowed questioning on the account after the defence laid the necessary foundation, although part of that line of questioning was later abandoned.
In a more consequential ruling, the court admitted WhatsApp communications between the witness and the accused into evidence, overruling objections from the prosecution on grounds of authenticity. The judge held that the witness had, under cross examination, acknowledged both her phone number and her exchange of messages with the accused, thereby satisfying the requirements for admissibility under the Electronic Transactions Act.
The admitted messages included requests by the witness for funds to support operational activities, including logistics and field expenses. The court ruled that the defence was entitled to rely on the messages to test the credibility of the witness, even where specific dates and times could not be recalled.
Proceedings also exposed inconsistencies in the witness’s recollection of events. While she acknowledged making requests for funds and collecting monies for official purposes, she repeatedly indicated an inability to remember specific transactions, withdrawals, and phone numbers when pressed by the defence.
Defence counsel maintained that the pattern of withdrawals, corroborated by bank records and electronic communications, pointed consistently to operational expenditure within the National Security framework, rather than any form of funds misuse.
The case has been adjourned to April 27, 28, and 29, 2026, for continuation of the cross-examination.
*Excerpts of the cross-examination:*
Defence counsel Atta Akyea: Each of these cash withdrawals were for National Security operational purposes.
Witness (Edith Ruby Opokua Adumuah): Yes.
Atta Akyea: So, logically, the sheer fact that your name appears on the bank statement as withdrawing cash does not mean the monies were for private use.
Prosecution witness Edith Ruby Opokua Adumuah: No, they were not for private use.
Atta Akyea: In the course of your work in the National Security, you came to know the following individuals: Joshua Kyeremeh, Cletus Kwowodi, Spao, Kofi Sarpong Dansu Otchere.
Witness: Yes.
Atta Akyea: The bank statement in Exhibit 5C is conclusive that on 6th Sept 2017 and 11th Jan 2018, Cletus Sogovi withdrew GH₵800,000 and GH₵195,550 respectively from Coordinator’s account “NCS” at Fidelity Bank.
Witness: Yes.
Atta Akyea: Seth Danso withdrew cash in the sum of GH₵150,000 on 7th June 2018 from the same Coordinator’s account “NCS” at Fidelity Bank.
Witness: Yes.
Atta Akyea: Kofi Sarpong withdrew GH₵300,000 on 21st Dec 2018.
Witness: Yes.
Atta Akyea: On 13th Dec 2017, 17th Mar 2018, and 28th Mar 2017, Joshua Kyeremeh made cash withdrawals from the same Coordinator’s account in the sums of GH₵400,000, GH₵200,000 and GH₵150,000 respectively. Several withdrawals were made by the Coordinator himself, Joshua Kyeremeh, on his own special operations account in Fidelity.
Witness: Yes.
Atta Akyea: You also agree that like yours, these withdrawals were not intended for private use.
Witness: No, it was not intended for private use.
Atta Akyea: At EOCO, you were confronted with a bank statement of BNC Account at UMB Bank, also known as BNC Operations Account… the very account that you deposited the two cheques: GH₵1 million and GH₵21 million.
Deputy AG: There is no account name like BNC Operations Account.
Judge: Do you have evidence to show that the BNC Account at UMB is also BCN Operations Account?
Atta Akyea: Yes, my Lord. It is at paragraph 6. Okay, I have abandoned that question.
Atta Akyea: Show her Exhibit 9. This is the BNC Operations Account at UMB.
Witness: Yes.
Atta Akyea: This is where you deposited the two cheques.
Witness: Yes, my Lord.
Atta Akyea: When you showed up at EOCO, were you confronted with the BNC Operations Account?
Witness: Yes.
Atta Akyea: Were you confronted with the Ezwich bank statement of Advantage Solutions?
Witness: No.
Atta Akyea: But did you come to know a gentleman by name Gerald Osei Tutu in the course of your work?
Witness: Yes.
Atta Akyea: He was a Fidelity Director in 2020, wasn’t he?
Witness: Yes.
Atta Akyea: Transactions of both UMB Operations and… which show you and several other officers from your setup, including Gerald Osei Tutu, made several withdrawals from this account. Not so?
Deputy AG: There is no account known as BNC Operations Account.
Atta Akyea: Repeats.
Witness: I do not…
Atta Akyea: Indeed, Gerald Osei Tutu in his statement to EOCO confirmed that the withdrawals he made from UMB Bank were for operational purposes.
Witness: My Lord, I do not know.
Atta Akyea: I suggest to you that withdrawals you also made from UMB Bank were also for special operations.
Witness: I cannot remember.
Atta Akyea: At the last adjourned date, you identified your cell phone number, didn’t you?
Witness: Yes.
Atta Akyea: You have a second cell number.
Deputy AG: Objection… relevance.
Atta Akyea: This is a foundational question which will make it very clear as regards whether or not she has a second number.
Judge: Until we know why the question is allowed…
Atta Akyea: It is a fact that you have a second phone number.
Witness: I don’t remember.
Atta Akyea: Look at this number.
Witness: I cannot remember.
Atta Akyea: I put it to you that you are deceiving this court when you assert that you cannot remember your own cell number.
Witness: No.
Atta Akyea: Your other number, as borne out by the evidence of the telecoms, is…
Witness: I do not know…
Atta Akyea: I put it to you that cell number 0244527435 is registered in your name.
Witness: I do not remember.
Atta Akyea: In your dealings with A1 (Kwabena Adu-Boahene), you used to exchange WhatsApp messages.
Witness: Yes, my Lord.
Atta Akyea: Have a look at this copy of WhatsApp communications with Kwabena Adu-Boahene. Can you confirm your number?
Witness: It looks like your number.
Atta Akyea: And is that your WhatsApp text?
Witness: I do not remember.
Atta Akyea: Have a look at the WhatsApp communications on A1’s phone. These are obvious WhatsApp communications between the two of you.
Deputy AG: Objection. The phone is not in evidence.
Atta Akyea: For any necessity of credible evidence, there must be some basis of foundation.
Judge: The witness has been handed a phone purportedly for A1, containing WhatsApp communications between the witness and A1. Question is allowed.
Atta Akyea: On 7th July 2020 at 12:26pm, you sent a WhatsApp message to your former boss (A1) in the following terms:
“Good afternoon Sir. Please, I wanted to suggest that we make a special arrangement for Minister in terms of cash for fuel. Almost all the monies I sent have been used on his trips and he will be coming back on Friday. He was in Kumasi the whole of last week and will be coming back this Friday.”
Deputy AG: Counsel is reading from a document that is not in evidence.
Judge: The witness is being tested on her knowledge of it.
Atta Akyea: I could ask questions on sources not in evidence to test the credibility of PW2.
Judge: Objection is overruled.
Witness: Yes, but I cannot remember the exact day.
Atta Akyea: Is that the message you sent?
Witness: Yes.
Atta Akyea: I want to tender this document in evidence.
Deputy AG: Authenticity… the witness has indicated she recalls sending such a message but cannot recall the date and time. The authenticity remains in doubt… If counsel wishes to tender the WhatsApp communications, he may call A1 to testify.
Atta Akyea: The witness has given authenticity to the WhatsApp message. She has confirmed exchange of messages and her number under the Electronic Transactions Act, 2008.
Judge: The witness has admitted same in cross-examination. Judicial notice may be taken of same. Objection is overruled and the document is admitted in evidence.
Atta Akyea: This request, as demonstrated by Exhibit 12, was met timeously by A1 through a withdrawal by you (PW2) on the BNC Communication Bureau Limited account at UMB Bank on 28th July 2020. Wasn’t it?
Witness: I cannot remember.
Atta Akyea: I suggest to you that on 9th August 2019, you sent the following WhatsApp message:
“Good morning. Please, we need to top up the Fidelity Bank Account with about 25K, otherwise the auto pile checks will be returned again.”
Witness: I do not know.
Atta Akyea: And A1 responded:
“Good morning, Madam. Will let Mildred sort you out. Is there any other expenditure items?”
Witness: I do not remember.
Atta Akyea: Indeed, your boss said in that WhatsApp conversation: I have asked her to increase to 70K, kindly use the additional 20K to defray in nkansey.
Witness: I can’t remember.
Atta Akyea: Indeed, this request for money was met by A1 when on the same day you withdrew GH₵70,000 from A3 account at UMB.
Witness: I don’t remember.
Atta Akyea: If I may jolt your memory a bit, on 21st February 2020, on your cell phone number ending “41”, you sent a WhatsApp message stating:
“Good afternoon. Please, we will need money for the following day: Hotspots – 9,000; Duty food – 6,500; Sat. food – 500; Wkd – 8,000; GH; Water – 30,000. Total – 54,000. Thanks.”
Witness: I do not remember.
Atta Akyea: And your boss responded, have you lost your bank addresses? Do you remember this cheeky answer from your boss?
Witness: Yes.
Atta Akyea: Can you confirm this WhatsApp communication between you and your boss?
Witness: Yes.
Atta Akyea: I want to tender this document.
Deputy AG: Objection…. Relevance.
Judge: Objection upheld. Document is rejected.
Atta Akyea: I suggest to you that A3’s bank statement at UMB Bank, which is part of the Attorney-General’s disclosures, is conclusive that you made withdrawals based on requests placed on A1 (Kwabena Adu-Boahene).
Witness: I cannot remember.
Atta Akyea: On 23rd June 2020, you sent a WhatsApp message to A1:
“Please, Denis says OT wants tiles immediately. We don’t have money so I asked her to speak to you about it.”
Witness: Yes, my Lord.
Atta Akyea: On the next day, 24th June 2020, right after your request, you withdrew GH₵255,000 from the BNC Operations Account at UMB Bank.
Witness: I cannot remember.
Atta Akyea: Do you want to refresh your memory?
Witness: I usually go to UMB to collect money…
Atta Akyea: I put it to you that from all evidence available, the only time you went to UMB was for operational expenditures.
Witness: I used to collect monies for A1 for office expenditure, but I cannot recall all was meant for operational.
Atta Akyea: You also agree with me that not all your requests for funds were made through WhatsApp; some were through phone calls and texts.
Witness: Yes.
Judge: Case adjourned to 27th, 28th, and 29th April 2026 at 10:00am each day.
