Kwabena Adu Boahene
The Court of Appeal has ordered the Attorney-General to disclose key documents and evidence in the ongoing criminal proceedings involving former National Signals Bureau Director-General, Kwabena Adu Boahene, and his wife.
The ruling followed an appeal filed by the couple challenging alleged non-disclosure of evidence by the prosecution.
In its decision delivered on Thursday, the Court of Appeal allowed the appeal in part and directed the Attorney-General to produce several documents said to be relevant to the defence of the accused persons.
Disclosure
Among the significant orders made by the court was the production of 88 pages of alleged missing or concealed bank statements connected to the matter.
The court further ordered the Attorney-General to disclose the source of the alleged GH¢49.1 million reportedly transferred into accounts linked to the accused persons.
Additionally, the court directed the prosecution to provide portions of the National Security Coordinator’s files relevant to the case, including details of special operations accounts associated with Kwabena Adu Boahene.
The Court of Appeal also ordered full disclosure on whether the alleged funds were intended solely for the procurement of a cyber defence system.
In another major directive, the court ordered the Attorney-General to disclose all correspondence between National Security Coordinators and Adu Boahene’s wife relating to the opening of special purpose accounts allegedly created for undercover National Security operations using UMB Bank as the operational front.
Site Inspection
The appellate court further indicated that an application seeking physical inspection of the alleged National Security installation site may proceed once counsel for the accused persons appropriately rewords the application.
However, the court dismissed the application for stay of proceedings, holding that disclosure remains a continuing obligation in criminal trials.
The ruling means the criminal proceedings against Adu Boahene and his wife will continue, but the Attorney-General is now under legal obligation to produce documents and evidence previously withheld from the defence team.
Questions
The latest development comes after the Attorney-General had reportedly informed the trial court that the prosecution possessed no land title certificates, conveyancing documents or ownership records relating to properties in Accra, Kumasi and London allegedly acquired by Adu Boahene.
The properties had formed part of public allegations made by the prosecution in the ongoing case.
