The Accra High Court has adjourned the trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to August 25, pending the determination of an injunction application before the Supreme Court.

The application, which seeks to restrain the High Court from hearing the case during the legal vacation, is scheduled to be heard by the Supreme Court on August 20, 2026.

Justice Francis Apangabuno Achibonga said although the filing of an injunction application does not automatically stay proceedings, he was reluctant to continue with a trial that a superior court had been asked to restrain.

He consequently adjourned the case to August 25 at 9:30 a.m.

The case was called on Monday, August 17, with Peter Osei-Asamoah holding brief for substantive defence counsel, Samuel Atta Akyea.

Mr Osei-Asamoah asked the court to adjourn the proceedings, explaining that Mr Atta Akyea had written to the court on August 14 to indicate that other professional commitments prevented him from attending during the legal vacation.

He said the request was intended to ensure that the accused persons were adequately represented, as guaranteed under the 1992 Constitution.

The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application.

He argued that the reason given by Mr Atta Akyea was the same as that contained in a letter sent to the Chief Justice and did not explain why other lawyers from his firm could not represent the accused persons.

Dr Srem-Sai also reminded the court that it had already directed that the case should proceed during the legal vacation.

He argued that counsel could not determine the pace of proceedings from the Bar and urged the court to dismiss the request.

The defence subsequently drew the court's attention to the injunction application pending before the Supreme Court.

Mr Osei-Asamoah said the application specifically sought to prevent the High Court from proceeding with the trial during the legal vacation and was due for hearing on August 20 — just four days after Monday's proceedings.

He clarified that the defence was not claiming that the Supreme Court had already restrained the High Court.

Rather, he asked the court to hold proceedings in abeyance until the Supreme Court had determined the application.

Dr Srem-Sai disagreed, arguing that the mere filing of an injunction application did not deprive the High Court of its jurisdiction.

He said an injunction only took effect after the court had made an order.

The Deputy Attorney-General further argued that challenges to the propriety of proceedings before a lower court should ordinarily be pursued through appropriate judicial review processes, including certiorari or prohibition, rather than simply filing an injunction application.

In his bench ruling, Justice Achibonga rejected the request to adjourn the case to the next legal term.

He said doing so would push the matter to October and defeat the purpose for which he had been appointed a vacation judge.

The judge also noted that the absence of Mr Atta Akyea did not necessarily prevent other lawyers within his firm from representing the accused persons.

On the pending injunction application, however, Justice Achibonga took a different view.

He acknowledged the prosecution's argument that filing an injunction does not automatically stay proceedings but said a lower court should be cautious about continuing with an action that a superior court has been asked to restrain.

He held that while the application remained pending before the Supreme Court, he was unable to proceed with the trial.

The case was therefore adjourned to August 25, 2026, at 9:30 a.m.

Mr Adu-Boahene and his wife are facing trial over the alleged diversion of GH¢49.1 million intended for the procurement of a cyber-defence system.

Mr Adu-Boahene has pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, using public office for personal gain and obtaining public property by false pretences.

His wife, Angela Adjei-Boateng, has also pleaded not guilty to charges including allegedly collaborating to use public office for personal gain, conspiracy to commit money laundering and money laundering.

The latest adjournment means the next major development is expected on August 20, when the Supreme Court hears the injunction application.