The High Court in Accra has technically given former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and his wife, Angela Adjei Boateng, six days to secure the presence of their lawyers for the continuation of their trial on August 17.

The court warned that if they fail to appear with counsel on the next adjourned date, they will be required to personally continue the cross-examination of the fourth prosecution witness.

Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, further directed that if the accused persons fail to conduct the cross-examination themselves, the witness will be discharged.

The directive followed proceedings on Tuesday, August 11, 2026, when Adu-Boahene and his wife appeared in court without their legal team.

The prosecution was led by Deputy Attorney-General Dr Justice Srem-Sai, together with Chief State Attorney Sarah Fafa Kpodo, Principal State Attorney Esi Dentaa Yankah and EOCO Assistant Staff Officer Rabiatu Abdulai.

Defence lawyers led by Samuel Atta Akyea were absent, although the matter had been scheduled for the continuation of the further cross-examination of the fourth prosecution witness.

The defence team had earlier written to the Chief Justice indicating that they would not be available to participate in proceedings during the legal vacation.

Adu-Boahene asks court for time

Addressing the court, Adu-Boahene asked for an opportunity to reach his lawyers and clarify their position.

“It’s been quite a challenge reaching him this morning,” he said, referring to Mr Atta Akyea.

“As recently as this past weekend, I am aware that a few of them have been included in script marking outside Accra. For the lead counsel [Atta Akyea], I am not sure if he is even in the jurisdiction,” he added.

He therefore appealed to the court to give them time to resolve the issue.

“If you will kindly indulge us, we will try to resolve the issue with them,” he said.

Deputy AG: Lawyers cannot decide whether court sits

Dr Srem-Sai opposed any suggestion that proceedings could not continue merely because counsel had decided not to attend during the legal vacation.

“We are aware, and I have spoken to counsel who was categorical that he had written a letter to the Chief Justice, this court’s registrar, and the Ghana Bar Association that he would exercise his alleged right to not attend court proceedings during the vacation,” he told the court.

According to the Deputy Attorney-General, the power to determine whether proceedings may be held during the legal vacation rests with the Chief Justice, subject to the trial judge’s authority to control proceedings.

“We are not aware of any law, rule, practice, or convention which allows a lawyer or a group of lawyers for that matter to decide whether there should be proceedings in court or not,” he submitted.

He said where a lawyer has a genuine reason for seeking an adjournment, the appropriate course is to make an application to the court.

“If a lawyer has a genuine reason to absent himself from court or to have the proceedings adjourned, what we know at the Bar is that the lawyer would make a prayer to the court for the court to grant such accommodation on a case-by-case basis,” he said.

He added that it remained the judge’s responsibility to determine whether proceedings should continue.

“Whatever case it may be, it remains the province of the judge alone to determine whether there should be proceedings, having obtained a warrant to sit during the vacation,” he said.

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Court grants final opportunity

In his ruling, Justice Achibonga said the accused persons deserved an opportunity to put their house in order regarding legal representation.

The judge noted that counsel for the accused persons had been present when the case was adjourned to August 11 through to August 13, yet failed to appear.

“Counsel for the accused persons was present when the suit was adjourned to today [August 11] through to 13 August 2026, yet counsel is absent without any reason,” the court said.

Justice Achibonga acknowledged the letter written by defence counsel to the Chief Justice on August 5 seeking reconsideration of the directive to sit during the legal vacation, as well as the Ghana Bar Association’s August 10 letter raising similar concerns.

However, he stressed that those letters did not amount to a stay of proceedings.

“All I can do as a trial judge is to take note of the said letters, as the same do not amount to a stay of proceedings in this suit,” he said.

“Having been issued a warrant by the Chief Justice to sit during the legal vacation and to conduct hearings, until the said warrant is revoked, I am mandated to continue to sit as a vacation judge and conduct hearings.”

The judge, however, said it would be unfair to require the accused persons to immediately take over the cross-examination without giving them an opportunity to resolve the issue of legal representation.

“The question to ask is, would it be fair to the accused persons if I decided to proceed today and asked them to continue with the cross-examination of PW4? I do not think so,” he said.

“In my view, even if counsel had abandoned their clients, it is only fair and proper to give the client an opportunity to advise himself or herself so as to enable court business to continue undistracted.”

He therefore adjourned the matter to August 17.

“If by the next date [August 17] the accused are not represented by counsel, they shall be made to cross-examine the witness themselves, failing which PW4 would be discharged,” the court directed.

Adu-Boahene, Angela Adjei Boateng and Advantage Solutions are facing 11 charges, including allegations of stealing GH¢49.1 million intended for a cyber security defence system.

They have pleaded not guilty and are on bail.