The Accra High Court has dismissed a request by Kwabena Adu-Boahene and three others seeking the full disclosure of National Security operational accounts dating back to 1992.
The application—filed on June 23 by the defence team led by lawyer and Member of Parliament Samuel Atta Akyea—was argued in court on Thursday, June 26. The motion sought comprehensive records from the Office of the National Security Coordinator across the terms of six Ghanaian presidents: Jerry John Rawlings, John Agyekum Kufuor, John Evans Atta Mills, John Dramani Mahama, Nana Addo Dankwa Akufo-Addo, and Mahama again under the current administration.
Atta Akyea accused the Attorney-General’s Office of selectively disclosing classified information to support the prosecution's narrative while withholding potentially exculpatory evidence. He argued that any disclosure initiated by the state must be complete and balanced.
“The AG is comfortable disclosing National Security details that favour the prosecution, but disclosure is not at the discretion of the AG. The law is clear—the word is ‘shall’, meaning it is mandatory to provide all material that could aid the defence,” Atta Akyea told the court, citing the Baffoe-Bonnie case and relevant legal precedent.
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In response, Deputy Attorney-General Dr. Justice Srem Sai, who is leading the prosecution, opposed the motion. He argued that the request was unrelated to the central issue of the case: the alleged transfer of government funds into a private company.
According to the prosecution, Adu-Boahene, Angela Adjei Boateng, Mildred Donkor, and their company, Advantage Solutions Limited, are accused of diverting public funds into their own enterprise. They face 11 charges, including conspiracy, stealing, abuse of public office for profit, money laundering, and causing financial loss to the state. All have pleaded not guilty and are currently on bail.
Delivering his ruling on Thursday, July 3, Presiding Judge Eugene Nyadu Nyantei dismissed the defence’s application and directed them to proceed with the filing of disclosures. He scheduled July 18 for the start of the trial.
Following the ruling, Atta Akyea requested a short adjournment to review the court's decision and consider filing an appeal or stay of proceedings. He argued that such a ruling should carry an automatic one-week suspension to allow for legal review.
However, Dr. Srem Sai opposed any delay and called for the trial to proceed without further interruption.
A visibly frustrated Atta Akyea pushed back, accusing the state of hiding critical documents. “The Attorney-General is concealing documents and still wants to rush into trial. We will not participate in an ambulance trial,” he stated, signaling the defence’s intent to challenge the decision at the appellate level.
Story By: Afia Ohenewaa Akyerem