Kwabena Adu-Boahene
The Supreme Court yesterday unanimously dismissed an application filed by former Chief Executive Officer of National Signals Bureau, Kwabena Adu-Boahene, asking it to prohibit Justice Eugene Nyante Nyadu from further presiding over his trial, alleging bias.
The accused had alleged that the judge was “caught in a continuing operative bias demonstrated in his prejudgment and/or predetermination of the critical issues of the essence and import of exculpatory evidence in aid of fair trial as spelt out in Article 19 of the Constitution.”
He further alleges that the posture of the judge shows that he is determined to continue with the trial when he has judicially predetermined that the exculpatory evidence are not relevant to the case and the defence of the accused persons, and amounts to a real likelihood of bias against him.
He also alleges that a court of General Jurisdiction having elected to hear the criminal case from 9am to 4pm when he sits, has shown special extrajudicial interest in the case which is a real likelihood of bias disqualifying him from adjudicating the case as an independent justice delivery umpire.
Trial
Mr. Adu-Boahene, his wife, Angela Adjei-Boateng and Advantage Solutions Limited are standing trial for allegedly stealing GH¢49.1 million from the state in a purported deal to procure a cybersecurity system for the country.
They are facing 11 counts of conspiracy to commit crime, stealing, using public office for profit, money laundering and causing financial loss to the state.
According to the prosecution’s brief fact before the court, Mr. Adu-Boahene had transferred state funds into a private bank account which he used to purchase various landed properties.
At the last sitting on October 23, his lawyer, Samuel Atta Akyea and the entire defence team walked out of the proceedings after the trial judge refused to adjourn the case to await the decision of the Supreme Court on the application seeking to prohibit him.
While the prosecution has called its second witness in the trial, Adu-Boahene filed an application at the Supreme Court seeking to prohibit the trial judge from further hearing the case.
Moving the motion yesterday, Mr. Atta Akyea said the judge is proceeding with the trial despite his dismissal of applications asking for disclosures that will enable the accused defend himself.
The application was opposed by Deputy Attorney General, Dr. Justice Srem-Sai, who argued that the allegation of bias against the judge is completely false, indicating that no evidence has been put before the court to satisfy the grounds of bias.
He further argued that the prosecution has disclosed all documents that has come into its possession, including those it will not rely on for the trial.
He, therefore, rebuffed claims that the prosecution is deliberately withholding information from the accused persons.
A five-member panel of the court consisting of Justices Avril Lovelace Johnson (presiding), Adjei Frimpong, Ackah Boafo, Senyo Dzamefe and Dennis Dominic Adjei, dismissed the application for lacking merit and not meeting the requirement for prohibiting a trial judge.
The Supreme Court’s dismissal of the application means Adu-Boahene and his wife will go back to the High Court today for the continuation of the case.
BY Gibril Abdul Razak