5 Granted, 5 Rejected: Breakdown of Appeal Court Ruling on Adu-Boahene Disclosures

Accra: The Court of Appeal in Accra ruled on an appeal filed by Kwabena Adu-Boahene, the former Director-General of the National Signals Bureau (NSB), who sought to overturn a High Court decision related to his case. Adu-Boahene's appeal aimed to quash the High Court's rejection of specific disclosures he requested from the state and to pause the proceedings until all requested disclosures were provided.

According to Ghana Web, the Court of Appeal denied Adu-Boahene's request to stay the proceedings but reversed the High Court's decision on several disclosures. Adu-Boahene initially sought a total of 10 exculpatory disclosures from state prosecutors. The Court of Appeal granted five of these requests while rejecting the remaining five.

The disclosures granted by the Court of Appeal included the following: the missing pages of Advantage Solutions Company Limited's account records with UMB Bank; information on the source of GHS49.1 million transferred to B.N.C Communications Bureau Limited; the file compiled by Joshua Kyeremeh on the acquisition of a cyber defence system; correspondence related to the vetting of A2 and National Security operations; and clarification on the purpose of the GHS49.1 million, specifically whether it was intended for the importation of the cyber defence system.

Conversely, the disclosures rejected by the Court of Appeal included: evidence that the cyber defence system was not delivered; evidence of ISC Holdings' maintenance contract with Ghana's National Security; an order for inspection of the delivered cyber defence system; disclosure of National Security special operations accounts under various administrations; and the identities of confidential National Security sources intended to serve as defence witnesses.

The Court of Appeal's ruling reflects a partial victory for Adu-Boahene, granting him access to some critical information while upholding the state's confidentiality on other matters.