The State has formally closed its case in the trial of former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and two others, who are standing trial for the alleged theft of GHC49.1 million earmarked for the procurement of a cybersecurity defence software system.
The closure of the prosecution’s case follows the conclusion of cross-examination of its fourth and final witness, Frank Marshall Cromwell, an investigator with the Economic and Organised Crime Office (EOCO).
With this development, the State has completed the presentation of evidence in support of the charges preferred against the accused persons.
Mr. Adu-Boahene, his wife Angela Adjei Boateng, and Advantage Solutions Limited, a company purportedly owned by the couple, jointly face eleven (11) counts of financial offences relating to the alleged misappropriation of public funds.
All accused persons have entered pleas of not guilty.
The prosecution team, led by Deputy Attorney-General Dr. Justice Srem-Sai and including Chief State Attorney Sarah Fafa Kpodo, Principal State Attorney Esi Dentaa Yankah, EOCO Assistant Staff Officer Rabiatu Abdulai, and Gifty Dumelo, adduced evidence through four witnesses:
Frank Anane Dekpey, driver to the first accused, who testified that he executed various errands for his employer, including the transportation of cash in ‘Ghana Must Go’ bags for deposits and withdrawals at the instruction of the first accused.
Ruby Edith Adumoah Opoku, Head of Finance at the NSB, who provided testimony regarding the transfer of GHC49.1 million from the NSB’s account into an account unknown to the entity.
Mildred Donkor, who testified that she operated a company established by the accused persons for the purpose of moving funds, and that she was furnished with pre-signed cheques for that purpose.
Frank Marshall Cromwell, an investigator with EOCO, who gave detailed evidence on the nature of the account allegedly created for the diversion of funds, the investigative processes that uncovered the alleged private expenditure, and who discredited the authenticity of a letter purportedly confirming the purchase of the cybersecurity software.
Subsequent to the closure of the prosecution’s case, lead counsel for the accused, Samuel Atta Akyea, signalled his intention to file a submission of no case to answer.
His Lordship Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, has directed the defence to file its written submissions within fourteen (14) days, by September 25, 2026.
The prosecution must file its response within fourteen (14) days of service.
The Court has adjourned proceedings to November 5, 2026, in the 2026/27 legal year, for a ruling on whether the prosecution has established a prima facie case sufficient to require the accused persons to enter their defence.
The ruling on no case means the Court must determine whether the prosecution’s evidence, taken at its highest, is sufficient to establish a prima facie case against the accused persons.
Should the Court hold that no prima facie case has been established, the accused persons shall be acquitted and discharged.
Conversely, should the Court be satisfied that the threshold of prima facie evidence has been met, the accused persons will be called upon to open their defence and give evidence from the witness box.
Thereafter, the Court will evaluate the totality of the evidence on record, from both the prosecution and the defence, and proceed to deliver its final judgment.
