The High Court in Accra has issued a crucial order, effectively mandating former Director-General of the National Signals Bureau, Kwabena Adu-Boahene and his wife, Mrs Angela Adjei-Boateng, to either present their lawyers or conduct cross-examination of the last prosecution witness themselves. This ruling, delivered by Justice Francis Apangabuno Achibonga, follows a series of developments and demands placed upon the accused.
The order stems from a series of events and a growing tension surrounding the case. When the case was called, the judge directly questioned Mr Adu-Boahene about the whereabouts of his lawyer, Mr Samuel Atta Akyea and his team. Mr Atta Akyea and his team were reportedly engaged in marking scripts outside Accra, a situation that the judge noted as a failure to appear in court.
Following this initial inquiry, Justice Achibonga directed the court to instruct the accused to either secure the presence of their lawyers or, in the absence of that, to conduct cross-examination of the last prosecution witness, Mrs. Adjei-Boateng. The judge emphasized the importance of ensuring the accused’s legal representation is available during the proceedings.
The Deputy Attorney-General, Dr. Justice Srem-Sai, who represented the state, provided context to the order, stating that the power to determine whether court proceedings should be held during the legal vacation rests with the Chief Justice, subject to the inherent power of a trial judge to control proceedings in his own court. The court’s previous rulings regarding this power have been carefully considered.
Furthermore, the court clarified that the Chief Justice possesses the authority to decide whether court proceedings should be suspended during the legal vacation, and that the court could grant the power to extend or curtail the proceedings. The ruling suggests a significant shift in the legal strategy, placing the onus on the accused to demonstrate their legal representation.
The order issued by Justice Achibonga, as detailed in the background provided, was a direct result of several actions by the defense counsel and the Ghana Bar Association. The defense counsel, Mr Samuel Atta Akyea, sent a letter to the Chief Justice, the Registrar of the court, and the Ghana Bar Association, indicating their intention to exercise a ‘alleged right’ not to attend court during the legal vacation. The GBA raised concerns about vacation sittings, further adding to the pressure on the accused.
The judge stated that the letter from the defense counsel, while seemingly innocuous, constituted a formal request for reconsideration of the directive to sit during the legal vacation, and that this request was subsequently acknowledged by the Chief Justice. The court issued a warrant to the Chief Justice to allow for the continued conduct of hearings, and until that warrant was revoked, the accused remained mandated to continue conducting cross-examination of the fourth prosecution witness, PW4.
The court also warned the accused of potential consequences, stating that if they remain unrepresented on the 17th of August 2026, they would be compelled to conduct the cross-examination of PW4 themselves, failing which the witness would be discharged. This decision was made in response to the alleged failure of the accused’s lawyers to provide representation.
This ruling represents a significant change in the legal process, emphasizing the accused’s responsibility to ensure their legal representation is available. The prosecution alleges that Mr Adu-Boahene and his associates are implicated in a conspiracy to commit crime, stealing, using public office for profit, money laundering, and causing financial loss to the state. The case involves multiple charges and the accused are currently on bail pending trial. The court has ordered a delay in the case to allow the accused to be represented by their lawyers, a move intended to ensure fairness and adherence to the established legal procedures.
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Source: Graphic Online
