Samuel Atta Akyea, Lead counsel for former Director-General of the National Signals Bureau (NSB), has asked the High Court to acquit his clients without requiring them to open their defence, arguing that the prosecution has failed to establish a prima facie case in the GH¢49.1 million cybersecurity trial.
The submission of no case to answer, filed on Friday, September 25, followed the prosecution’s closure of its case after calling four witnesses. The Attorney-General has 14 days after service to respond.
Mr Adu-Boahene, his wife Angela Adjei-Boateng and Advantage Solutions Limited face 11 charges arising from the alleged diversion of GH¢49.1 million said by the prosecution to have been earmarked for a US$7 million cybersecurity system. They have denied the allegations.
‘Evidential gaps’
Mr Atta Akyea argues that the prosecution’s case contains significant evidential gaps and inconsistencies and failed to call material witnesses whose testimony could have established crucial aspects of the transactions.
Central to the defence case are three cheques totalling GH¢49.1 million. The defence maintains that the account from which they were issued was recorded as the “Coordinator’s Account – NSC” and used for special operations, rather than being under Mr Adu-Boahene’s sole control.
It further argues that the late National Security Coordinator, Joshua Kyeremeh, signed the cheques and would have had direct knowledge of their purpose.
The defence also relies on the evidence of former NSB Head of Finance Ruby Aduamoah and EOCO investigator Frank Marshall Cromwell to question whether the prosecution established the specific purpose for which the cheques were issued.
Cybersecurity system
The defence has also challenged the prosecution’s claim concerning the alleged non-delivery of the cybersecurity system, arguing that investigators did not contact ISC Holdings Limited, the alleged supplier, to verify delivery or disputed documentation.
The prosecution, however, presented evidence challenging the authenticity of a document purportedly confirming the purchase of the system, with Mr Cromwell describing the document as fake during his testimony.
On allegations that the funds were used to acquire properties, vehicles and other investments, the defence contends that the prosecution failed to establish a direct financial link between the GH¢49.1 million and the assets.
It further argues that incomplete bank records undermined the prosecution’s attempt to trace the movement of the funds.
The prosecution has maintained that its witnesses and documentary evidence traced the three cheques into a private company account and subsequently showed how the funds were allegedly moved and spent.
Justice Francis Apangabuno Achibonga is expected to rule on November 5 on whether the prosecution has established a case requiring the accused persons to open their defence.
