The High Court in Accra has ordered lawyers for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene to continue cross-examining the prosecution’s fourth witness, despite a request to pause the trial pending a Supreme Court review.
Justice Francis Apangabuno Achibonga rejected an application by lead defence counsel Samuel Atta Akyea on Tuesday, August 25, 2026, seeking to suspend proceedings until the Supreme Court determines a review application filed by Ofoase-Ayirebi MP Kojo Oppong Nkrumah.
The review relates to an earlier Supreme Court decision concerning whether the High Court can conduct criminal proceedings during the legal vacation.
Mr Atta Akyea had argued that it would be prudent for the High Court to await the Supreme Court’s determination before proceeding with the substantive trial.
However, Justice Achibonga declined the request and directed the defence to proceed with the cross-examination of Economic and Organised Crime Office (EOCO) investigator Frank Marshall Cromwell.
The ruling led to a brief exchange between the judge and defence counsel, who subsequently requested an adjournment for the day, explaining that he had not prepared for the cross-examination because he expected his application to halt proceedings to succeed.
“My Lord, I didn’t come today prepared, and even I didn’t bring my files,” Mr Atta Akyea told the court.
Justice Achibonga, however, maintained that lawyers appearing before the court were expected to be prepared to proceed regardless of the outcome they anticipated from an application.
The judge noted that although the lawyer’s table was empty, that alone did not justify an adjournment.
Mr Atta Akyea consequently resumed the cross-examination.
Court refuses second attempt to halt proceedings
Tuesday’s ruling follows an earlier decision by the same court to adjourn the case on August 17 while awaiting a Supreme Court determination on an interlocutory injunction.
The injunction had sought to restrain the High Court from sitting during the legal vacation.
Although the filing of an application does not ordinarily automatically stay proceedings, Justice Achibonga had previously considered the nature of the application sufficient to warrant a temporary adjournment.
The injunction was later dismissed on August 21 by Supreme Court Justice Gabriel Scott Pwamang sitting as a single judge.
Mr Oppong Nkrumah has since filed a review application at the Supreme Court, prompting the latest attempt by the defence to halt the trial.
The High Court, however, has now opted to proceed with the case while the review remains pending.
Long-running cross-examination continues
The ruling means the defence’s lengthy questioning of Mr Cromwell will continue.
The EOCO investigator has been in the witness box for several weeks as the defence challenges aspects of the prosecution’s case concerning GH¢49.1 million allegedly linked to the procurement of a cybersecurity system for the state.
During previous proceedings, Mr Cromwell maintained that the money came from a public account operated by the then Bureau of National Communications.
Mr Atta Akyea challenged that position, arguing that the account had been established on the instructions of the National Security Coordinator for operational purposes.
The defence has also questioned the extent of EOCO’s investigations, including whether investigators interviewed relevant national security officials to understand the operational context surrounding some of the transactions.
The prosecution witness acknowledged previously that there was no identifiable complainant whose formal complaint triggered the investigation.
Justice Achibonga has on several occasions expressed concern about the length of the cross-examination and urged the defence to bring the questioning to a conclusion.
Accused persons face 11 charges
Kwabena Adu-Boahene, his wife Angela Adjei-Boateng, Mildred Donkor and Advantage Solutions Limited are facing 11 charges in connection with the alleged misappropriation of GH¢49.1 million.
The charges include conspiracy to commit crime, stealing, using public office for profit, money laundering and causing financial loss to the state.
The accused persons have denied the allegations.
Cross-examination of the prosecution’s fourth witness is expected to continue as the court proceeds with the substantive trial.
