By: Franklin ASARE-DONKOH
Ghana’s apex court, the Supreme Court (SC), has dismissed an application filed by the Attorney-General, requesting the court to review a key aspect of its earlier ruling in the criminal trial of former Director General of the National Signals Bureau (NSB), Kwabena Adu Boahene, and his wife, Angela Adjei-Boateng.
The state, represented by Deputy Attorney-General Dr. Justice Srem-Sai, asked for the review in order to have the Court restore the word “relevance” in the Practice Direction on Further Disclosures, which guides how prosecutors must provide documents during criminal proceedings.
In an earlier ruling, the Supreme Court clarified that the prosecution is required to disclose materials in its possession which are connected to the case, rather than disclosing materials that are merely “relevant”.
The earlier order came in response to a judicial review application by Kwabena Adu Boahene and his wife, who sought to prevent the High Court trial judge from continuing proceedings after their application for further disclosures was denied.
Counsel for Adu-Boahene, Samuel Atta-Akyea, opposed this review application by the Attorney General, contending that the State had not demonstrated the exceptional circumstances required to trigger the Supreme Court’s review powers. Atta-Akyea also noted that the original ruling had already addressed disclosure concerns by requiring that disclosure documents be connected to the case.
After considering submissions from both sides, the Court gave its ruling on Wednesday, January 28, 2026. The court, by majority decision, dismissed the state’s application for review, with Justice Kulendi recording a dissenting opinion.
Although the Deputy Attorney General accepted the ruling, he argued that removing “relevance” from the disclosure criteria could allow requests based solely on possession, without ensuring the documents had any meaningful connection to the case.
He urged the Court to either restore the term or replace it with the phrase “connected with the matter before the Court.”
Reasons for the decision are expected to be filed on or before February 4, 2026.
State Prosecutors allege that between 2020 and 2024, Mr. Kwabena Adu Boahene and wife masterminded a scheme to divert GH¢49.1 million (approximately $7 million) intended for a cybersecurity defense software contract with an Israeli firm, ISC Holdings Limited.
Investigators claim the couple established a private company called BNC Communication Bureau Ltd, a name designed to mimic the state’s Bureau of National Communications. State funds were allegedly funneled through this entity to purchase luxury properties in Accra, Kumasi, and London, as well as a fleet of high-end vehicles.
Mr. Adu Boahene was arrested on March 20, 2025, at Kotoka International Airport upon returning from London. His wife was arrested the following day when she visited him in custody.
The couple, along with associate Mildred Donkor and the company Advantage Solutions Limited, face 11 criminal counts, including:
Stealing public funds.
Money laundering and conspiracy to commit money laundering.
Willfully causing financial loss to the state.
Using public office for private profit.
Defrauding by false pretenses related to the phantom cybersecurity deal.
All accused persons have pleaded not guilty to all charges.
