The Accra High Court has postponed the trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to August 25, 2026, pending a decision by the Supreme Court on a legal vacation injunction application. The application, sought to restrain the High Court from hearing the case, was originally scheduled to be heard on August 20, 2026, by the Supreme Court. Justice Francis Apangabuno Achibonga, presiding officer, indicated that while filing an injunction does not automatically halt proceedings, he was reluctant to proceed with the trial given a prior order from a superior court. Consequently, the court adjourned the case to August 25 at 9:30 a.m. The case was initially brought by Peter Osei-Asamoah, acting as counsel for the defence, who asked the court to adjourn the proceedings, citing Mr. Atta Akyea’s written communication indicating other professional commitments preventing him from attending. Mr. Atta Akyea assured the court that the request was intended to ensure the adequately represented accused persons, as stipulated under the 1992 Constitution. The Deputy Attorney-General, Dr. Srem-Sai, opposed the injunction application, arguing that the reason provided by Mr. Akyea was similar to a letter sent to the Chief Justice, and that other lawyers from his firm could not represent the accused. Dr. Srem-Sai further emphasized that the court had already directed that the case should proceed during the legal vacation. He urged the court to dismiss the request, asserting that counsel lacked the capacity to determine the pace of proceedings from the Bar and demanded that the court refrain from further challenges to the propriety of proceedings before a lower court. The defence subsequently drew the court’s attention to the injunction application pending before the Supreme Court. Mr. Osei-Asamoah clarified that the application specifically sought to prevent the High Court from proceeding with the trial during the legal vacation and was due for hearing on August 20 – just four days after Monday’s proceedings. He affirmed that the defence was not claiming that the Supreme Court had already restrained the High Court. Rather, he asked the court to hold proceedings in abeyance until the Supreme Court had determined the application. Dr. Srem-Sai disagreed, arguing that the mere filing of an injunction application did not deprive the High Court of its jurisdiction. He stated that an injunction only took effect after the court had made an order. Justice Achibonga rejected the request to adjourn the case to the next legal term, stating that doing so would push the matter to October and defeat the purpose for which he had been appointed a vacation judge. The judge also noted that the absence of Mr. Atta Akyea did not necessarily prevent other lawyers within his firm from representing the accused persons. On the pending injunction application, Justice Achibonga took a different view, acknowledging the prosecution’s argument that filing an injunction does not automatically stay proceedings but said a lower court should be cautious about continuing with an action that a superior court has been asked to restrain. He held that while the application remained pending before the Supreme Court, he was unable to proceed with the trial. The case was therefore adjourned to August 25, 2026, at 9:30 a.m., with Mr. Adu-Boahene and his wife facing trial over alleged diversion of GH¢49.1 million intended for cyber-defence procurement. The charges include fraud, willful damage, using public office for personal gain, and misappropriation of property.
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Source: MyJoyOnline
