…High Court dismisses adjournment application pending Supreme Court review
TNR Files
The Accra High Court has dealt a significant blow to attempts by former Signals Bureau Director-General Kwabena Adu Boahene to delay proceedings in his ongoing trial, dismissing an application for adjournment pending the outcome of a Supreme Court review.
Justice Francis Apanga Achibonga ruled that there was no legal basis to suspend the trial, clearing the way for proceedings to continue.
The defence had sought to halt proceedings until September 2, when a three-member panel of the Supreme Court is expected to hear a review application filed by Ofoase-Ayirebi MP Kojo Oppong Nkrumah.
Counsel for Mr Adu Boahene, Samuel Atta Akyea, argued that the outcome of the Supreme Court review could have a bearing on the ongoing trial and urged the High Court to suspend proceedings until the apex court had determined the matter.
The application related to proceedings during the legal vacation, an issue that has been the subject of ongoing legal debate in several high-profile cases involving former appointees of the previous administration.
Deputy Attorney-General and Minister for Justice, Justice Srem-Sai, opposed the application, arguing that there was no basis for further delaying the trial.
He pointed out that the prosecution had only one more day to close its case and maintained that the Supreme Court had already determined the substantive interlocutory application concerning the legal vacation.
According to the Deputy Attorney-General, the mere filing of a review application did not automatically suspend proceedings before the High Court.
Justice Francis Apanga Achibonga, after hearing arguments from both sides, said he had not identified any rule requiring the trial to be suspended under the circumstances.
The judge further noted that although the earlier Supreme Court decision had been delivered by a single judge, the decision remained binding unless and until it was set aside or reversed by a subsequent decision.
He consequently dismissed the defence’s application for an adjournment.
Kwabena Adu Boahene is standing trial alongside his wife, Angela Adjei Boateng, Mildred Donkor and Advantage Solutions Limited on 11 charges, including conspiracy, stealing, using public office for profit, money laundering and causing financial loss to the state.
All the accused persons have pleaded not guilty and are currently on bail.
The trial has been closely watched as a test of the government’s commitment to pursuing accountability for alleged corruption under the previous administration.
With the adjournment application dismissed, the prosecution is expected to close its case in the coming days. The defence will then have the opportunity to open its case.
The Supreme Court’s review application, scheduled for September 2, is expected to proceed separately from the trial.