Full Text: Why the Court of Appeal upheld Adu-Boahene’s application for disclosures in GH¢49m NSB case

The Court of Appeal has heard an interlocutory appeal filed by former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and two others, challenging a High Court ruling that denied their request for the disclosure of documents they contend are necessary for the preparation of their defence.

In a judgment delivered on May 28, 2026, a three-member panel of the Court of Appeal presided over by Justice Mensah-Datsa, with Justices Buadi and Armah-Tetteh as members, considered the appeal against a July 3, 2025 ruling of the High Court, General Jurisdiction 10 in Accra.

The appeal stems from the High Court’s dismissal of an application by the accused persons seeking an order compelling the Republic to disclose and permit inspection and copying of certain documents they argue are essential to their defence in the ongoing criminal proceedings.

According to the appellants, the trial judge erred by adopting an unduly narrow interpretation of the constitutional right to “adequate facilities” for the preparation of a defence as guaranteed under Article 19(2)(e) and (g) of the 1992 Constitution. They further contend that the ruling was inconsistent with the principles of full disclosure established by the Supreme Court in the case of *Republic v. Eugene Baffoe-Bonnie and 4 Others*.

The appellants also argued that the High Court’s decision materially prejudiced their ability to prepare for trial after it dismissed as premature their request for evidence relating to ISC Holdings, despite acknowledging the relevance of the requested material.

Court documents indicate that the accused persons maintain that access to the requested information is critical to ensuring a fair trial and enabling them to adequately respond to the charges against them.

They further argue that the constitutional guarantee of a fair hearing requires that an accused person be furnished with all relevant materials necessary to prepare a defence before the commencement of trial, rather than during the trial process.

Read the Court of Appeal’s full ruling below:

https://docshare.me/solutions/shared/view?fileKey=republic_v_kwabena_adu_boahene_and_2_ors__court_of_appeal_-_nvCKw5T.docx