Adu-Boahene, Wife Must Secure Lawyers by August 17 or Cross-Examine Witness — Court

The High Court in Accra has given former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife, Angela Adjei Boateng, six days to secure legal representation for the continuation of their trial.

The court has directed that the two accused persons appear with their lawyers on August 17, 2026, when proceedings are expected to resume.

Justice Francis Apangabonu Achibonga, a Court of Appeal judge sitting as an additional High Court judge, warned that if the accused persons appear without counsel, they will be required to continue the cross-examination of the fourth prosecution witness themselves.

The judge further directed that should they decline or fail to conduct the cross-examination personally, the witness would be discharged.

The order followed proceedings on Tuesday, August 11, when Adu-Boahene and his wife appeared in court without members of their defence team.

The defence lawyers, led by former Attorney-General and MP Samuel Atta Akyea, were absent despite the case being scheduled for the continuation of the further cross-examination of the fourth prosecution witness.

The defence team had previously written to the Chief Justice indicating that its members would be unavailable during the legal vacation.

Adu-Boahene asks for time

Adu-Boahene appealed to the court for additional time to contact his lawyers and clarify their position.

He told the court that reaching lead counsel Samuel Atta Akyea that morning had been difficult and suggested that some members of the defence team were engaged in script marking outside Accra.

He also said he was uncertain whether Mr Atta Akyea was currently within the jurisdiction.

Adu-Boahene therefore asked the court to give them an opportunity to resolve the issue with their lawyers.

Deputy AG challenges lawyers’ position

Deputy Attorney-General Dr Justice Srem-Sai opposed the suggestion that the proceedings could not continue because defence lawyers had indicated that they would not attend court during the legal vacation.

He told the court that counsel had informed the Chief Justice, the court’s registrar and the Ghana Bar Association of their intention not to participate in proceedings during the period.

However, Dr Srem-Sai argued that lawyers did not have the authority to unilaterally determine whether a court should sit.

He said the decision to conduct proceedings during the legal vacation rested with the Chief Justice, while the trial judge retained control over proceedings before the court.

According to him, where counsel has a genuine reason for being absent or seeks an adjournment, the appropriate procedure is to formally apply to the court for consideration.

He maintained that the judge, having been authorised to sit during the vacation, had the responsibility to determine whether proceedings should continue.

Judge says letters do not halt proceedings

In his ruling, Justice Achibonga said the accused persons deserved a reasonable opportunity to resolve the issue surrounding their legal representation.

The judge noted that defence counsel had been present when the matter was previously adjourned to August 11-13 but did not appear for the scheduled proceedings.

He also acknowledged letters submitted by defence counsel to the Chief Justice on August 5 and by the Ghana Bar Association on August 10, both of which raised concerns about proceedings during the legal vacation.

However, Justice Achibonga said the letters did not constitute a stay of proceedings.

He explained that he had been issued a warrant by the Chief Justice to sit during the legal vacation and conduct hearings, meaning he remained mandated to hear cases unless that warrant was revoked.

The judge, nevertheless, said it would be unfair to immediately require Adu-Boahene and his wife to take over the cross-examination without first allowing them time to address the absence of their lawyers.

He said even if counsel had effectively abandoned their clients, the accused persons should be given an opportunity to decide how they wished to proceed so that the court’s work could continue without unnecessary disruption.

Case adjourned to August 17

Justice Achibonga consequently adjourned the case to August 17, giving the accused persons a final opportunity to secure legal representation.

The court directed that if they appear without lawyers on that date, they will be required to cross-examine the fourth prosecution witness themselves. Failure to do so will result in the witness being discharged.

Adu-Boahene, Angela Adjei Boateng and Advantage Solutions are facing 11 charges, including allegations involving the alleged stealing of GH¢49.1 million earmarked for a cybersecurity defence system.

The accused persons have pleaded not guilty and are currently on bail.