The Accra High Court has acquitted former Director-General of the National Signals Bureau (NSB), Kwabena Adu Boahen, on two of the 11 charges brought against him, but ordered him and his co-accused to open their defence on the remaining counts.
Justice Francis Achibonga ruled on Thursday that Mr Adu Boahen had no case to answer on the charges of defrauding by false pretences and obtaining public funds by false statements, after finding that the prosecution had failed to establish essential elements of those offences.
The court, however, dismissed the defence’s submission of no case to answer on the remaining charges, directing Mr Adu Boahen, his wife, Angela Adjei Boateng, and their company, Advantage Solutions Limited, to open their defence.
Mr Adu Boahen is facing charges including three counts of stealing, wilfully causing financial loss to the state, using public office for profit, money laundering, conspiracy to commit stealing and conspiracy to commit money laundering.
Mrs Adjei Boateng is charged with conspiracy to steal, collaboration to use public office for profit, money laundering and conspiracy to commit money laundering, while Advantage Solutions Limited is facing charges of money laundering and conspiracy to commit money laundering.
In his ruling, Justice Achibonga explained that at the submission of no case stage, the prosecution is not required to prove the guilt of the accused persons beyond reasonable doubt. Rather, it must present sufficient evidence establishing the essential elements of each offence to warrant the accused being called upon to respond.
He noted that a submission of no case to answer can only succeed where the prosecution has failed to establish an essential ingredient of the offence or where the evidence has been so thoroughly discredited that no reasonable tribunal could convict.
On the three stealing charges, the court held that the prosecution had led sufficient evidence to establish a prima facie case. According to the prosecution, Mr Adu Boahen, while serving as head of the then Bureau of National Communications, caused approximately GH¢49.1 million to be transferred in three separate transactions—GH¢27.1 million, GH¢1 million and GH¢21 million—from the bureau’s Fidelity Bank account into an account held by BNC Communications Bureau at UMB Bank, an entity prosecutors allege was owned by him.
Justice Achibonga held that the prosecution had presented evidence suggesting the funds belonged to the state and that there was sufficient material alleging dishonest appropriation to require the accused to answer the charges.
However, on the counts of defrauding by false pretences and obtaining public funds by false statements, the judge found that none of the prosecution’s witnesses had testified to any false representations allegedly made by Mr Adu Boahen. He consequently acquitted and discharged him on those two counts.
The court also ordered Mr Adu Boahen to open his defence on the charges of wilfully causing financial loss to the state and using public office for profit.
Mrs Adjei Boateng was directed to answer the charges against her, while Advantage Solutions Limited was similarly ordered to open its defence on the money laundering-related counts.
Justice Achibonga subsequently explained the rights available to the accused persons, informing them that they could testify on oath, make unsworn statements from the dock, or elect to remain silent.
The court directed the accused persons to file any witness statements within three weeks if they intend to call witnesses.
The case has been adjourned to December 10, 2026, when the defence is expected to begin presenting its case.