State asks court to make Adu-Boahene open his defence

The Attorney-General urges the court to reject Kwabena Adu-Boahene's no-case submission in the US$7m cyber-defence trial. A ruling is due on 5 November.

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Adu Boahene

The Attorney-General has asked the High Court to reject former National Signals Bureau chief Kwabena Adu-Boahene’s submission of no case and order him to open his defence.

The prosecution filed its response on 9 October, as directed by the court, in the trial of Adu-Boahene, his wife Angela Adjei-Boateng and their co-accused over a US$7 million cyber-defence contract. The state argues it has produced enough evidence to establish a prima facie case, the legal threshold for requiring the accused to answer the charges.

A submission of no case asks the judge to end a trial before the defence calls any witnesses, on the ground that the prosecution’s evidence is too weak to justify one. If Justice Francis Apangabuno Achibonga upholds it, the accused will be acquitted at this stage. If he dismisses it, they must give evidence in their own defence.

In its written submission, the prosecution set out the evidence it says it presented during the trial. It argued that the defence’s cross-examination of its witnesses was largely off the point and failed to shake the documents at the heart of its case.

The accused have pleaded not guilty to 11 counts, including stealing, defrauding by false pretences, wilfully causing financial loss to the state, using public office for profit and money laundering. The state alleges that GH¢49.1 million meant for a cyber-defence system ordered in 2020 from the Israeli firm ISC Holdings was diverted through private companies. It says the system was never delivered.

The prosecution’s evidence has included testimony that Adu-Boahene opened a bank account in his private company’s name on the day the first cheque was issued, and that only GH¢9.54 million, about US$1.75 million, reached ISC Holdings.

The defence disputes the state’s figures. Lead counsel Samuel Atta Akyea has argued that the amount in question is GH¢38.15 million, not GH¢49.1 million. He has also accused the state of trying the case in the media and has called the allegations against his client sordid. He had earlier objected that the 14 days the court allowed the defence to file its submission were too short, given the volume of documents.

With both sides’ papers now filed, the court will rule on the submission on 5 November 2026.

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