Kwabena Adu-Boahene loses bid to expunge prosecution submissions in GH‵49.1m trial

The Accra High Court has dismissed an application filed by Kwabena Adu-Boahene, the former Director of the National Signals Bureau (NSB), seeking to strike out portions of the prosecution's written arguments. Presiding judge Justice Francis Apangabuno Achibonga ruled that the court is not responsible for investigating whether written submissions accurately reflect trial evidence. The court emphasized that its decisions are based solely on substantive evidence presented during the trial, rather than the secondary interpretations contained in legal addresses.

Adu-Boahene, along with his wife Angela Adjei Boateng and another individual, is standing trial for the alleged misappropriation of GH₵49.1 million. The funds were originally intended for a national cyber-defence project. The accused persons have all pleaded not guilty to the charges. The current legal skirmish arose during the preparation for a ruling on a no-case submission, where the defense argued that the prosecution's written response contained misrepresentations that should be formally expunged from the record.

Defense counsel Samuel Atta Akyea justified the application by stating it is his professional duty to challenge unsupported arguments and protect the interests of the accused. He argued that false representations of evidence should not be tolerated within the judicial process. However, Deputy Attorney-General Dr. Justice Srem-Sai opposed the motion, a position the court ultimately upheld by clarifying that misrepresentations in written submissions hold no evidential value and therefore do not legally prejudice the court's final determination.

This ruling clears the way for the court to deliver its substantive decision on whether the accused have a case to answer. Justice Achibonga has scheduled the ruling on the no-case submission for November 5, 2026. If the court finds that the prosecution has established a prima facie case, the defendants will be required to open their defense; otherwise, they may be acquitted and discharged at that stage.