Adu-Boahene files submission of no-case in GH¢49.1m NSB trial

Former National Signals Bureau Director-General, Kwabena Adu-Boahene, has asked the court to dismiss the criminal case against him without requiring him to open his defence.

His lead counsel, Samuel Atta Akyea, has filed a submission of no case to answer, arguing that the prosecution has failed to establish a sufficient case against the accused persons.

The application was filed after the prosecution closed its case in the trial involving Mr Adu-Boahene, his wife Angela Adjei-Boateng, and another accused person.

The defence is relying on what it describes as evidential gaps, inconsistencies and the failure of the prosecution to call material witnesses.

At the centre of the trial is the State’s allegation that GH¢49.1 million meant for a cybersecurity project was misused.

The prosecution claims the money was transferred through three cheques from an account linked to National Security into an account belonging to BNC Communications Bureau Limited, a company associated with the accused persons.

The State further alleges that the funds were later diverted and used for purposes unrelated to the cybersecurity procurement.

But the defence says the evidence presented so far does not properly establish those allegations.

Mr Atta Akyea is challenging the prosecution’s account of the transactions and the basis for linking the disputed funds to specific assets and expenditure attributed to the accused persons.

The defence also argues that there are inconsistencies in the testimonies of prosecution witnesses.

Another major issue raised in the submission is the prosecution’s failure to call certain witnesses the defence considers material to the case.

According to the defence, those witnesses could have assisted the court on matters relating to the management, approval and authorisation of the funds.

The defence has previously questioned why senior officials connected to the National Security arrangements around the transactions were not called to testify.

The State’s final witness, EOCO investigator Frank Marshall Cromwell, was cross-examined extensively by Mr Atta Akyea before the prosecution closed its case.

During the cross-examination, the defence questioned the scope of the investigation into the alleged cybersecurity procurement.

It also challenged whether investigators had taken sufficient steps to independently establish that the project had not been delivered.

The defence further disputed aspects of the financial investigation, including the tracing of funds and the basis for connecting particular transactions and assets to the GH¢49.1 million.

The prosecution maintains that it has led enough evidence to support the charges.

The State has relied on financial records, bank statements and other documents to make its case on the alleged diversion and use of the funds.

Mr Adu-Boahene and the other accused persons have pleaded not guilty.

The charges include stealing, conspiracy to steal, defrauding by false pretences, wilfully causing financial loss to the state, using public office for profit and money laundering.

Following the filing of the no-case submission, the Attorney-General has been given 14 days to respond.

The defence will then be allowed to reply before the court rules on the application.

The ruling will determine whether the accused persons must open their defence or be discharged.