Omanghana
The Accra High Court has dismissed an application by former National Signals Bureau Director-General Kwabena Adu-Boahene and his co-accused to remove portions of the prosecution’s written submissions in their ongoing trial.
The defense argued that parts of the prosecution’s response to a submission of no case to answer referred to statements and evidence that were not supported by the trial record.
Justice Francis Apangabuno Achibonga dismissed the application on Thursday, October 29, 2026, holding that written submissions assist the court but cannot replace evidence presented during the trial.
Defense and prosecution arguments
Defense counsel Samuel Atta Akyea told the court that the prosecution had attributed statements to witnesses who had not made them and had presented the contents of an exhibit in a manner he considered inconsistent with the rules of evidence.
He argued that leaving the disputed passages unchallenged could mislead the court when it decides whether the accused have a case to answer.
Deputy Attorney-General Dr Justice Srem-Sai opposed the application. He argued that the court could assess the lawyers’ submissions against the trial record without striking out passages whose accuracy was disputed. He also noted that the defense had addressed its concerns in a reply filed on October 19.
Court’s decision
Justice Achibonga said the court must base its decision on witness testimony and exhibits properly admitted during the trial. He held that an assertion in a written submission has no evidential value if it relies on evidence that was not presented.
The dismissal did not determine whether the disputed statements were accurate or whether the accused have a case to answer. That question remains for the court’s next ruling.
Background to the trial
Adu-Boahene, his wife Angela Adjei-Boateng and their company, Advantage Solutions Limited, face 11 counts in connection with the alleged diversion of GH¢49.1 million intended for a cyber-defense system. They have pleaded not guilty.
The prosecution alleges that the funds were diverted and spent through a private company. Adu-Boahene’s defense is that the money was used to acquire a cyber-defense system for the state, rather than for his personal benefit.
The court is expected to rule on the submission of no case to answer on November 5, 2026. The decision will determine whether the prosecution has presented sufficient evidence to require the accused to open their defense.
Source: Omanghana
