Lead counsel for former National Signals Bureau Director-General Kwabena Adu Boahen, Samuel Atta Akyea, says his legal team will continue pursuing evidence it believes could prove his client’s innocence in the ongoing criminal case.
His comments come after the High Court in Accra rejected an objection by the defence to the Attorney General’s decision to withdraw charges against the third accused, Mildred Donkor.
Ms Donkor has since been discharged from the case and is expected to testify as a prosecution witness.
Despite the court’s ruling, Mr Atta Akyea remains confident that the defence will ultimately establish Adu Boahen’s innocence. He also accused the prosecution of withholding evidence that he believes could be crucial to the case.
“We are fortified that our client is very innocent but we will fight on, and I am sure another forum will compel the disclosures to come to us and we can do a good job because these are the weapons of our warfare,” he said.
“What they are trying to hide is what will set us free.”
The case centres on allegations involving the theft and misappropriation of approximately GH¢49 million in state funds. Adu Boahen, his wife Angela Adjei-Boateng and their company, Advantage Solutions Limited, are facing charges in connection with the alleged offences.
The Attorney General, Dr Dominic Ayine, invoked Section 59 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), to withdraw the charges against Donkor after she reportedly agreed to assist the prosecution as a witness.
The defence had challenged the procedure used by the Attorney General, arguing that the withdrawal should have been done through a formal motion given the implications for the ongoing trial.
Justice John Nyadu Nyante, however, ruled that the Attorney General acted within his constitutional authority and dismissed the objection.
With Donkor now expected to testify for the prosecution, the development could have implications for the remaining accused persons as the trial progresses.
Mr Atta Akyea nevertheless insists that the defence will seek to obtain what he describes as withheld material and use it to strengthen its case.
He said the legal team would explore further avenues to compel the disclosure of the evidence, maintaining that full disclosure is essential to ensuring a fair trial.
