Kwabena Adu-Boahene
A High Court in Accra has ordered former Director General of National Signals Bureau, Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to mount a defence against charges accusing them of stealing and causing financial loss of GH¢49.1 million to the state in a ‘purported deal’ to purchase a cyber security system for Ghana.
This was after the court held yesterday that the prosecution, led by Deputy Attorney General, Dr. Justice Srem-Sai, had led sufficient evidence to establish a prima facie case against the couple and their company to warrant a defence.
The court, presided over by Justice Francis Achibonga, in a ruling on a submission of no case filed on behalf of the accused persons, indicated that the prosecution was able to lead sufficient evidence on nine (9) out of the eleven (11) charges levelled against the accused. He said at this point, the prosecution was required to prove the guilt of the accused persons beyond reasonable doubt.
The court subsequently ordered Mr. Adu-Boahene to mount a defence on eight (8) counts, including three counts of stealing a total of GH¢49.1 million, conspiracy to steal, wilfully causing financial loss to the state, using public office for profit, money laundering and conspiracy to commit money laundering.
However, the court acquitted and discharged him on the counts of defrauding by false pretences and obtaining public property by false statements.
Madam Adjei-Boateng has been ordered to mount a defence on four (4) counts, including conspiracy to steal, collaboration to commit the offence of using public office for profit, money laundering and conspiracy to commit money laundering.
Advantage Solutions, a company owned and operated by the couple, on the other hand, is to open a defence on money laundering and conspiracy to commit money laundering charges.
Trial
The prosecution has called four (4) witnesses to establish its case, with their testimonies focusing primarily on how the GH¢49.1 million was allegedly moved from the accounts of the National Signals Bureau (formerly Bureau of National Communications) into the private accounts of the accused persons who dissipated same.
The first witness, Frank Anane Dekpey, an errand boy to Adu-Boahene, testified about how he was often sent to deposit or withdraw money at UMB Bank or Stanbic Bank to be given to Adu-Boahene.
The second witness, Edith Opokua Adumuah, the Director of Finance at the National Signals Bureau (NSB), testified primarily about the operations of the institution and pointed out that the invoice based on which about GH¢9 million was paid to ISC Holdings Limited does not exist at the entity.
While under cross-examination, she told the court that she did not know the purpose of the three cheques totaling GH¢49.1 million for which Kwabena Adu-Boahene and his wife are standing trial, explaining that under National Security “need-to-know” protocols, only top-level officials would have such clearance to be aware of the transaction.
The prosecution’s third witness, Mildred Donkor, who was initially charged by the Attorney General and was later converted into a witness, as part of her testimony tendered two spreadsheets and a notebook which she claimed contained transactions that she carried out at the behest of Adu-Boahene and his wife.
The fourth witness, Frank Cromwell Marshall, the lead investigator detailed how Mr. Adu-Boahene allegedly moved the monies in three tranches under the guise of purchasing a cyber defence system for the state.
He told the court that Adu-Boahene, as the Director of BNC, signed three different cheques which were drawn on BNC’s bank account with Fidelity Bank.
He told the court that all the three cheques were then paid into the bank account of BNC Communications Bureau Limited, a company owned and controlled by the couple.
Ruling
At the close of the prosecution’s case, Samuel Atta-Akyea, counsel for the couple, filed a submission of no case to answer, arguing that the prosecution could not make a case against the accused to warrant a defence.
The lawyers, in their submission, contended that this is the first time that Ghana’s National Security has been put on a “painful trial.”
Justice Achibonga, in his ruling, held that money allegedly stolen by the couple is public money, thereby denying the state the benefit of the said money.
He held that the prosecution led sufficient evidence to establish prima facie against the accused, and subsequently ordered them to mount a defence.
He reminded the accused of their right not to testify, testify under oath or make statements not under oath.
The defence was directed to file witness statements by December 4, while the case was adjourned to December 10.
BY Gibril Abdul Razak