…As Prosecution Admits Absence Of Key Evidence Regarding GH¢ 49.1M
The trial of former Director-General of National Signals Bureau (NSB), Kwabena Adu-Boahene, and two others has taken a new turn after the prosecution (Attorney-General) admitted that it is not in possession of several key documents relating to the controversial GH¢49.1 million transaction at the centre of the case.
In a response dated July 1, 2026, filed before the High court following an order by the Court of Appeal dated May 28, 2026, a Principal State Attorney from the A-G’s office, Esi Dentaa Yankah, disclosed that it has been unable to produce crucial records requested by the defence, including documents linked to the source and purpose of the GH¢49.1 million lodged into a National Security Coordinator’s special operations account and subsequently transferred to B.N.C Communications Bureau Limited’s account with Universal Merchant Bank (UMB).
Context
It will be recalled that the Court of Appeal on May 28, 2026, allowed in most part an appeal by Adu-Boahene and his wife against the A-G over disclosure of evidence in the ongoing trial.
Aside specific orders to the prosecution to disclose controversially missing bank statement pages, the second highest court of the land ordered full disclosure of information relating to the source and purpose of the said GH¢49.1 million at the heart of the case, as well as portions of the files of the National Security that are connected to the matter.
Further orders given by the Appeals Court include the disclosure of the National Security Coordinator’s special operations accounts linked to Adu-Boahene, and information from National Security concerning madam Adjei-Boateng, relating to the special purpose accounts opened at UMB.
A-G’s response
Responding to the orders item by item, the prosecution (Attorney-General) admitted that it was unable to produce any of the disclosures ordered by the Court of Appeal. The prosecution explained that it has not obtained the complete bank statement pages covering pages 2 to 89 of Advantage Solutions Limited’s account with UMB Bank, which was filed before the court on June 2, 2025. According to the State, the defence already has possession of the said documents after they were tendered through the second prosecution witness and admitted into evidence as Exhibit 15 and Exhibit 15A.
The prosecution also acknowledged that it was unable to disclose the source of the GH¢49.1 million allegedly converted by the State into US$7 million, which forms part of allegations surrounding the acquisition of a cyber defence system.
In its response to the Court of Appeal’s directive, the prosecution stated that it has not come into possession of, and is unable to disclose, the National Security files kept by former National Security Coordinator Joshua Kyeremeh concerning the acquisition of the cyber defence system.
The State also indicated that it is unable to disclose correspondence from Mr Kyeremeh or any previous National Security Coordinator relating to the vetting of the second accused person, Angela Adjei Boateng, her alleged role as a confidential source of assistance to National Security, or the opening of special purpose accounts for undercover operations using UMB Bank as the banking institution.
Additionally, the prosecution revealed that it has not obtained the National Security Coordinators’ special operations account records and cannot provide information from the immediate past National Security Coordinator on whether the GH¢49.1 million was intended solely for the importation of the cyber defence system.
“The prosecution is therefore unable to produce the requested documents,” the Principal State Attorney, Esi Dentaa Yankah, stated emphatically.
The documents on BNC account, alleged properties & BMW 740D
Relatedly, the defence team of former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, formally requested the Attorney-General to produce key documents it says are necessary for a fair trial and full disclosure in the ongoing criminal case involving alleged financial misconduct.
In a Notice to Produce Documents filed on April 10, 2026, at the High Court, Criminal Court 3, Accra, counsel for the accused persons, led by Samuel Atta Akyea, demanded access to documents relating to the Bureau of National Communications (BNC) account, alleged landed properties, and a vehicle said to have been acquired with public funds.
The defence also sought the written approval from the Controller and Accountant-General for the opening of the account named “Bureau of National Communications”, together with the 2020 Auditor-General’s Report relating to the account.
The request follows references by the Attorney-General to the account as a “State-owned BNC” or “National BNC” during the prosecution’s case. The defence demanded the documents to establish the basis for the creation of the account and the legitimacy of transactions carried out through it.
Additionally, Mr Samuel Atta Akyea demanded the production of the Title Deeds, Deeds of Conveyance, addresses of the properties, bank statements and receipts relating to landed properties allegedly acquired or constructed by Adu-Boahene in Accra, Kumasi and London.
The defence contended that the documents are required to verify claims that public funds were used in acquiring the said properties and to allow the accused persons adequately respond to the allegations brought against them.
The legal team also requested bank statements and receipts showing the transfer of alleged public funds to acquire a locally used 2023 BMW 740D vehicle from Philip Brobbey.
A-G’s inability to produce key documents on BNC account, properties & BMW
In a response to a Notice to Produce Documents filed by the defence on April 10, 2026, the Attorney-General’s Office stated that it has not come into possession of the key records relating to the Bureau of National Communications (BNC) account, documents on alleged properties attributed to Adu-Boahene, and bank records concerning the purchase of a 2023 BMW 740D.
The response, dated April 20, 2026, and filed at the High Court on April 21, 2026, was signed by Principal State Attorney Esi Dentaa Yankah on behalf of the Attorney-General.
According to the prosecution, it does not have the written approval from the Controller and Accountant-General for the opening of the account named “Bureau of National Communications”, nor the 2020 Auditor-General’s Report relating to the account, which the Attorney-General had referred to as a state-owned BNC or National BNC.
“Please be informed that the prosecution has not come into possession of the written approval of the account opening by the Controller and Accountant-General, nor the 2020 Auditor-General’s report in relation to the accounts named Bureau of National Communications,” the response stated.
The Attorney-General’s Office also indicated that all documents in its possession regarding the ownership, identification, and locations of properties allegedly linked to Adu-Boahene during investigations had already been disclosed to the defence.
The prosecution added that it had not obtained any additional documentation beyond what had already been provided. “The prosecution is therefore unable to produce the requested documents,” the A-G’s response concluded.
