Adu-Boahene loses bid to remove parts of prosecution’s no-case arguments

The Accra High Court has rejected a request by former National Signals Bureau Director-General Kwabena Adu-Boahene, his wife Angela Adjei Boateng, and a third accused to have sections of the prosecution's written arguments removed from the trial. The case, Republic v Adu-Boahene & 2 Others, centers around allegations of diverting GH¢49.1 million meant for a US$7 million cyber-defence system.

The court ruled that it is not their role to verify the accuracy of counsel's written submissions against the evidence presented at trial. The defense lawyer argued that the disputed sections were not supported by the record and were based on non-existent evidence, potentially misleading the court and risking a miscarriage of justice.

The prosecution's counsel countered that the application did not fall under the court's jurisdiction, as the evidence was already before the court. The court further stated that written addresses cannot replace evidence and should not be used as a way to challenge the accuracy of the opponent's arguments. The defense had already raised the issue of misrepresentation in their reply to the prosecution's submission filed earlier.

The court emphasized that its role is to assess the actual evidence presented at trial, and dismissed the application. The substantive issue of whether there is enough evidence to require the accused to present their defense will be decided on November 5, 2026.