Why Supreme Court dismissed Adu-Boahene motion to bar Justice Nyadu from ₵49 Million financial loss case

The Supreme Court has dismissed a motion seeking to prohibit Justice John Eugene Nyante Nyadu from presiding over the ongoing trial of Kwabena Adu-Boahene, the former Director-General of the National Signals Bureau (NSB), who is facing charges for allegedly causing a financial loss of ₵49 million to the state.

In a unanimous decision delivered on October 29, 2025, a five-member panel of the apex court, presided over by Justice Avril Lovelace Johnson, ruled that the application lacked merit and failed to satisfy the legal threshold required to disqualify or prohibit a sitting trial judge.

The Motion

The application, filed on October 22, 2025, by Adu-Boahene’s counsel, Samuel Atta Akyea, invoked the supervisory jurisdiction of the Supreme Court. The defence alleged that Justice Nyadu had exhibited bias and prejudgment in his handling of key evidentiary matters, thereby infringing on the accused’s constitutional right to a fair trial under the 1992 Constitution.

Adu-Boahene contended that the trial judge had pre-emptively ruled on the significance of certain pieces of evidence requested from the Attorney-General’s Department, and that his comments indicated a predisposition against the defence.

He further claimed that the court’s decision to conduct extended sittings from 9 a.m. to 4 p.m. showed an “unusual interest” in expediting the case, which, according to him, compromised judicial impartiality.

However, the Supreme Court held that none of these claims met the objective standard of real likelihood of bias required by law, adding that the allegations were speculative and unsubstantiated.

Adu-Boahene and his co-accused, Adjei-Boateng, are standing trial for allegedly diverting ₵49 million earmarked for the purchase of specialised software for the state.
The prosecution alleges that the accused persons channeled the funds through a complex network of private companies ultimately controlled by ASL, a firm linked to the accused.

Adu-Boahene faces multiple charges, including:

Defrauding by false pretences,

Wilfully causing financial loss to the state,

Using public office for personal gain, and

Obtaining public property by false pretences.

His wife has also been charged with conspiracy to launder money, money laundering, and collaboration in using public office for profit.

Both accused persons are currently on bail as the substantive trial proceeds before Justice Nyadu.

Delivering the ruling, the Supreme Court emphasized that judicial bias must be proven on the basis of clear evidence, not conjecture or dissatisfaction with procedural decisions. The panel reiterated that case management discretion, including sitting hours and evidentiary rulings, does not amount to bias unless there is proof of actual prejudice or improper motive.

Accordingly, the court dismissed the motion and affirmed that Justice Nyadu will continue to preside over the financial loss trial at the High Court (Criminal Division).