A law lecturer at the University of Ghana, Professor Kwadwo Appiagyei-Atua, has stated that Ghana’s legal framework imposes clear limitations on freedom of speech in matters relating to national security.

His comments follow the latest developments in the high-profile trial of former National Security Bureau (NSB) boss, Kwabena Adu-Boahene, whose legal team has hinted at disclosing classified information as part of the defence strategy.

“I’m sure the law doesn’t allow anybody to say anything at all when it comes to national security issues,” Prof Appiagyei-Atua told JoyNews.

“There are particular laws that should apply in such instances. When it becomes necessary, of course, you have to balance the due process rights of the accused person or the defendant in the case with the larger interest of society.”

Read also: Adu-Boahene ready to reveal classified information to defend himself – Atta Akyea

The former NSB Director-General was rearrested on fresh charges shortly after being granted bail in a controversial GHS49 million cybersecurity procurement case.

Lead counsel Samuel Atta Akyea has insisted that his client must be allowed to fully defend himself, even if that means revealing sensitive national security details in court.

“This process must not appear to be a personal vendetta. The accused person should be allowed the space to defend himself,” the lawyer warned.

The court has ordered the prosecution to file all witness statements by 20 May 2025.

Background

Attorney-General Dominic Ayine has formally charged Adu-Boahene, his wife Angela Adjei Boateng, and two others—Mildred Donkor and Advantage Solutions Limited—with 11 counts including stealing, money laundering, defrauding by false pretences, and wilfully causing financial loss.

According to the charge sheet filed at the High Court on Wednesday, 30 April, Adu-Boahene, who oversaw key national security contracts, allegedly entered into a $7 million agreement with Israeli company ISC Holdings Limited for cyber defence software.

He is accused of transferring approximately GHS49 million (equivalent to $7 million) from the NSB's accounts into his personal bank accounts under the pretext of paying for the software, with assistance from his accomplices.

On 2 May, the court ordered that Adu-Boahene be remanded in the custody of the Economic and Organised Crime Office (EOCO) for seven working days to allow prosecutors time to finalise their witness submissions.