Atta Akyea files no-case submission over evidential gaps

Lead counsel for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, Samuel Atta Akyea, has filed a submission of no case to answer, citing alleged gaps and inconsistencies in the prosecution’s evidence.

The submission was filed after the prosecution closed its case in the trial involving Mr Adu-Boahene, his wife Angela Adjei-Boateng and another accused person.

The defence argues that the evidence presented by the prosecution does not establish a sufficient case to compel the accused persons to open their defence.

A major issue raised by the defence concerns the alleged misuse of GH¢49.1 million allocated for a cybersecurity project.

The prosecution alleges that the money was transferred through three cheques from an account linked to National Security into an account belonging to BNC Communications Bureau Limited, a company associated with the accused persons.

It further alleges that the funds were subsequently diverted and used for purposes unrelated to the intended cybersecurity procurement.

However, Mr Akyea has challenged aspects of the prosecution’s evidence, particularly the circumstances surrounding the transactions and the extent to which the disputed funds can be directly linked to assets and expenditure attributed to the accused persons.

The defence has also pointed to what it describes as inconsistencies in the testimonies of prosecution witnesses and questioned the failure to call certain material witnesses.

According to the defence, the absence of senior officials connected to the National Security arrangements surrounding the transactions raises questions about the prosecution’s case.

The prosecution’s final witness, EOCO investigator Frank Marshall Cromwell, was extensively cross-examined by Mr Akyea before the State closed its case.

During the proceedings, the defence questioned aspects of the investigation into the alleged cybersecurity procurement, including whether adequate steps were taken to independently establish that the project had not been delivered.

The defence also challenged the financial investigation, particularly the tracing of funds and the basis for linking specific transactions and assets to the GH¢49.1 million.

The prosecution, however, maintains that it has presented sufficient evidence to support the charges against the accused persons, relying on financial records, bank statements and other documentary evidence.

Mr Adu-Boahene and the other accused persons have pleaded not guilty to the charges, which include stealing, conspiracy to steal, defrauding by false pretences, wilfully causing financial loss to the state, using public office for profit and money laundering.

Following the filing of the no-case submission, the Attorney-General has been given 14 days to respond.

The defence will then have an opportunity to reply before the court determines whether the accused persons have a case to answer.

The court’s ruling on the submission will determine whether the trial proceeds to the defence stage or the accused persons are discharged.