An Accra High Court judge has given former National Signals Bureau boss, Kwabena Adu-Boahene, and his wife, Angela Adjei-Boateng, an ultimatum to either bring their lawyers to the next court sitting, or cross-examine the last prosecution witness themselves.
Justice Francis Apangabuno Achibonga gave the order on Tuesday, August 11, after their lead lawyer, Samuel Atta Akyea, and his team failed to show up in court.
When the judge asked where his lawyer was, Adu-Boahene said he had been struggling to reach him.
He said he understood that as of the weekend, Atta Akyea and his team were outside Accra, marking exam scripts. He said he wasn’t even sure his lawyer was still in the country, and asked the court for more time to sort things out.
Deputy Attorney-General, Justice Srem-Sai, who is handling the case for the state, told the court that defence lawyers had written to the Chief Justice, the court’s Registrar, and the Ghana Bar Association claiming a right to stay away from court during the legal vacation.
But Srem-Sai disagreed, noting that only the Chief Justice can decide if court should sit during vacation, and the trial judge also has power to control his own courtroom.
He added that no lawyer can decide on their own not to show up.
He said if a lawyer had a good reason to be absent, they should formally ask the court for more time, not just stay away and urged the judge to let the case continue.
What the judge decided
Justice Achibonga said the defence lawyers gave no reason for missing court, even though they were present when this court date was fixed, specifically to continue questioning the fourth prosecution witness.
He mentioned a letter from the defence, dated August 5, asking the Chief Justice to reconsider the order for vacation sittings. He also noted a letter from the Ghana Bar Association raising concerns about the same issue.
But, he said, neither letter stops the case from moving forward as he still has orders from the Chief Justice to sit during vacation, and that stands until it is officially withdrawn.
The judge said it would be unfair to force the accused to cross-examine the witness right away, since their lawyers left them without warning. He therefore decided to give them time to sort out their legal representation first.
Justice Achibonga adjourned the case to August 17. He said if the lawyers for Adu-Boahene and his wife still don’t show up, the accused persons will have to question the witness themselves, or the witness will be let go.
Background to the case
Adu-Boahene, his wife, Mildred Donkor, and a company called Advantage Solutions Limited are standing trial on 11 charges. These include conspiracy, stealing, using his government position for personal gain, money laundering, and causing financial loss to the state.
The prosecution says that in 2018, while Adu-Boahene was in charge of the National Signals Bureau, he and his wife set up a private company with a name very close to the government agency’s name. They allegedly used it to divert GH¢49.1 million meant for buying a national cybersecurity system.
All the accused have pleaded not guilty and are currently on bail while the case continues.
