Accra: The Court of Appeal in Accra: dismissed an application by embattled former Director-General of the National Signals Bureau, Kwabena Adu-Boahene, to halt his ongoing trial. Adu-Boahene had requested that the Court of Appeal stay proceedings of the High Court until the 'exculpatory disclosures' he sought were made available to him or his lawyers, arguing that these were essential for a fair trial.
According to Ghana Web, the court denied his request, ruling that Adu-Boahene, through his legal team, failed to provide substantial reasons for the stay. The court noted that none of the counsel for the parties addressed them on this matter. The ruling emphasized the responsibility of the appellants to convince the court of the legal principles justifying a stay of proceedings, particularly in a criminal case.
The Court of Appeal also stated that the trial could proceed as the requested disclosures were in progress. It emphasized that compliance with the court's disclosure order could occur concurrently with the ongoing trial. The court highlighted that legal precedents allow for disclosures to continue throughout the case, asserting that it is in the interest of justice and a speedy trial for the case to proceed.
Furthermore, the court concluded that Adu-Boahene and his legal team had not shown exceptional circumstances warranting the stay of proceedings. As a result, the application was dismissed due to a lack of merit.
Kwabena Adu-Boahene, his wife Angela Adjei-Boateng, and a company associated with them (Advantage Solutions Limited) face trial over allegations of misappropriating approximately GHS49 million intended for cybersecurity defense software procurement for the state. Prosecutors allege the funds were diverted through a network of companies for private investments and property acquisitions.
Adu-Boahene has pleaded not guilty to charges of defrauding by false pretences, wilfully causing financial loss to the state, and using public office for personal gain. His defense, led by lawyer Samuel Atta Akyea, sought additional disclosures from the Attorney-General's Department, including national security-related documents dating back to 1992. Previous lower court decisions had restricted or denied some of these disclosure requests, leading to the appeal and the application for a stay.
The Court of Appeal's decision aligns with prior rulings that found no sufficient basis to halt the trial or compel additional disclosures beyond what was already provided.