The Attorney-General (AG) has asked an Accra High Court to dismiss a submission of no case filed by former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, insisting that the prosecution has presented sufficient evidence for him and his co-accused to open their defence.
In a response filed before the court, the Attorney-General argued that the evidence presented by the State had established a prima facie case against the accused persons and justified requiring them to answer the charges brought against them.
The legal development follows an application filed on September 25, 2026, by lawyers for Adu-Boahene, led by former Attorney-General Samuel Atta-Akyea, seeking to have their clients discharged on the grounds that the prosecution had failed to establish a case against them.
The defence team argued that gaps in the prosecution’s evidence, the absence of key witnesses and questions surrounding financial records weakened the State’s case.
Among the issues raised was the absence of the late National Security Coordinator, Joshua Kyeremeh, as well as concerns about whether the prosecution had successfully linked the alleged GH¢49.1 million diversion to properties, vehicles and other assets associated with the accused persons.
The defence also questioned the presence of missing pages in bank statements presented as evidence.
However, the Attorney-General rejected these arguments, maintaining that the evidence presented so far was sufficient to require the accused persons to enter their defence.
GH¢49.1 Million National Security Funds at the Centre of Trial
The case centres on allegations that GH¢49.1 million earmarked for the procurement of a US$7 million cyber-defence system for Ghana was dishonestly taken and diverted.
The accused persons are Kwabena Adu-Boahene, his wife, Angela Adjei-Boateng, and their company, Advantage Solutions Limited.
According to the prosecution, four witnesses have testified, while bank statements, cheques and other documentary evidence have been tendered in support of the State’s allegations.
The Attorney-General stated that three cheques valued at GH¢27.1 million, GH¢1 million and GH¢21 million were allegedly drawn from a National Security account and diverted from their intended purpose.
The State further alleges that only US$1.75 million was paid to Israeli company ISC Holdings, while the remaining funds were channelled into private businesses, properties and investments.
These allegations form a central part of the prosecution’s case concerning the management and use of public funds intended for Ghana’s national cyber-defence infrastructure.
The accused persons’ guilt has not been established, and the allegations remain subject to determination by the court.
Attorney-General Defends Documentary Evidence in Adu-Boahene Case
In opposing the no-case submission, the Attorney-General argued that the death of Joshua Kyeremeh did not invalidate the documentary evidence presented by the prosecution.
The State maintained that the bank records, signatures and other financial documents tendered during the trial remained relevant to establishing the alleged transactions.
The prosecution also argued that the alleged failure to deliver the cyber-defence system fully supported its concerns about how the funds were handled.
According to the AG, the evidence must be considered as a whole rather than assessed through isolated gaps or individual pieces of testimony.
The State’s position is that the evidence presented during the trial provides sufficient grounds for the accused persons to explain the financial transactions and their alleged involvement.
Charges Against Former NSB Director-General and Co-Accused
The charges in the case include stealing, conspiracy to steal, causing financial loss to the State, using public office for profit and money laundering.
The Attorney-General is asking the court to reject the defence’s submission of no case and direct Adu-Boahene, his wife and Advantage Solutions Limited to open their defence.
A submission of no case is a legal application through which the defence argues that the prosecution has failed to present sufficient evidence to justify requiring the accused to defend themselves.
If the court upholds such an application, the affected accused persons may be discharged in respect of the relevant charges. If it is dismissed, they may be required to present their defence, subject to the court’s directions.
The court is expected to rule on the application after the defence files its response to the Attorney-General’s arguments.
The decision will mark an important stage in the ongoing case involving the alleged diversion of GH¢49.1 million in public funds intended for Ghana’s cyber-defence system.
Source: newsthemegh.com