Dismissal of our plea for adjournment strange – Adu Boahene’s cousel

Former Signals Bureau Director-General Kwadwo Adu Boahene’s lead Counsel, Samuel Atta Akyea, has expressed surprise at the Accra High Court’s decision to refuse his request for a delay in Mr Adu Boahene’s case. The court’s decision came before the Supreme Court was to rule on a review application filed by MP Kojo Oppong Nkrumah.

The review application, set to be heard on September 2, questions a previous ruling pertaining to the suspension of certain criminal trials during a legal break. Akyea pleaded with the High Court to suspend proceedings in Mr Adu Boahene’s trial until the Supreme Court’s decision was known. He argued that the outcome of the review could significantly affect the ongoing proceedings, warranting the trial judge to wait for the Supreme Court’s decision.

However, the Accra High Court disagreed, with Justice Francis Apanga Achibonga stating there was no rule necessitating the suspension of the trial under the given circumstances. Furthermore, the judge held that while the earlier Supreme Court decision, delivered by a single judge, was binding, it remained so until overturned by a subsequent decision.

Akyea reacted with astonishment, stating it was unexpected for the trial judge to proceed with the case despite the pending review before the Supreme Court’s three-member panel. He drew attention to the review application and expected the trial judge to allow the higher court to decide before resuming proceedings. Akyea expressed concern over the potential implications for Mr Adu Boahene, particularly if he had to cross-examine a prosecution witness, which he believed is beyond the capabilities of a layperson like his client.

He noted that he himself was hesitant to defy court orders. Akyea emphasized that his client, not trained to conduct such examinations, did not wish to appear as if he was deliberately ignoring the court’s orders, leading to his disappointment.