The legal battle surrounding the GHS49 million theft and misappropriation case against former National Signals Bureau Director-General Kwabena Adu Boahen has intensified, as his lead counsel, Samuel Atta Akyea, mounts a forceful critique of the prosecution’s tactics and insists on his client’s innocence.

The case, which has attracted national attention due to its scale and the high-profile status of the accused, involves allegations that Adu Boahen, his wife Angela Adjei-Boateng, and their company, Advantage Solutions Limited, orchestrated a scheme resulting in the loss of approximately GHS49 million (equivalent to about $3.8 million USD) in state funds between 2019 and 2021. According to the Economic and Organised Crime Office (EOCO), financial crimes in Ghana remain a growing concern, with over GHS330 million lost to similar cases in the public sector over the past five years.

Discharge of Third Accused Sparks Legal Firestorm

In its latest twist, the prosecution, led by Attorney General Dr. Dominic Ayine, secured a High Court order on Friday, October 17, to withdraw all charges against Mildred Donkor, the third accused. Donkor, who previously faced charges alongside Adu Boahen and his wife, is now expected to serve as a prosecution witness after reportedly cooperating with investigators.

The withdrawal was executed under Section 59 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). While the Attorney General’s office cited strategic reasons for the move, Atta Akyea’s legal team fiercely opposed the process, arguing that such a significant shift in the prosecution’s approach required a formal motion and greater transparency.

Justice John Nyadu Nyante, presiding over the High Court, dismissed the objection, ruling that the Attorney General had acted within constitutional and statutory boundaries. This decision has paved the way for Donkor’s testimony, which is expected to be pivotal to the prosecution’s case.

Atta Akyea: “What They Are Trying to Hide Is What Will Set Us Free”

Despite the court’s ruling, Samuel Atta Akyea has doubled down on his criticism of the prosecution’s conduct, particularly the alleged withholding of evidence that he asserts could exonerate his client.

“We are fortified that our client is very innocent but we will fight on, and I am sure another forum will compel the disclosures to come to us and we can do a good job because these are the weapons of our warfare,” Atta Akyea declared in an interview with Citi Eyewitness News.

He continued, highlighting what he perceives as a lack of transparency:

“What they are trying to hide is what will set us free,” he insisted.

Atta Akyea’s remarks reflect mounting frustration in the defence camp, who have long argued that the state has failed to fully disclose all material evidence. Under Ghana’s 1992 Constitution and the Criminal Offences (Procedure) Act, the prosecution is required to provide the defence with full disclosure to ensure a fair trial—a right Atta Akyea claims is being breached.

Legal Experts Weigh In

Legal analysts note that while it is not uncommon for prosecutors to drop charges against one accused in exchange for their cooperation as a witness, such moves must be balanced with the rights of other accused persons to a fair trial. Transparency International’s 2024 Corruption Perceptions Index places Ghana at 70th out of 180 countries, reflecting ongoing concerns about due process and prosecutorial accountability.

Section 59 of Act 30 allows the Attorney General to withdraw charges at any stage before judgment, but the defence insists that such discretion must be exercised with judicial oversight and procedural fairness, especially in cases involving large sums of public money and national interest.

Next Steps: Defence Pursues Further Legal Action

Unfazed by the setback, Atta Akyea signaled that the defence will pursue all available avenues—possibly including appeals or applications to higher courts—to compel the release of the purportedly withheld evidence.

He reiterated his confidence in Adu Boahen’s eventual exoneration, stating that full disclosure would reveal the truth and vindicate his client.

The case, which continues to draw significant public and media scrutiny, is set to resume with Donkor’s anticipated testimony. For now, the legal showdown between the defence team and the Attorney General’s office underscores the critical importance of fair trial rights and prosecutorial transparency in Ghana’s fight against financial crime.