The High Court hearing the criminal trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and two others, on Wednesday (11 March) heard testimony that, three (3) cheques totaling GHC49.1 million used for Special Operations were authorised by the late National Security Coordinator, Joshua Kyeremeh, as the final authority, contrary to allegations made by the Attorney-General, Dominic Ayine, against Adu-Boahene.
The evidence was given during cross-examination of prosecution witness Edith Ruby Opokua Adumuah by defence counsel Samuel Atta Akyea at the Accra High Court (Criminal Court 3).
The Deputy Attorney-General, Justice Srem-Sai, appeared alongside counsel Esi Yankah and Rabiatu Abdulai for the State.
Madam Opokua Adumuah’s testimony comes amid earlier allegations by the Attorney-General that Adu-Boahene diverted public funds into a private company account.
AG’s allegation against Adu-Boahene / Background to the case
During a press conference on 24 March the Attorney-General, Dominic Akuritinga Ayine, outlined the prosecution’s case, alleging that while serving as Director of the Bureau of National Communications (BNC) in 2020, Adu-Boahene, weilding the power to authorise spending of the funds of the BNC, moved GHC49.1 million of the BNC’s account into a private account of a company incorporated between himself and his wife.
Dr. Ayine further alleged that in January 2020, Adu-Boahene signed a US$7 million contract on behalf of the Government of Ghana and the National Security Council with an Israeli company, ISC Holdings Ltd, for the purchase of a Cyber Defence System, for which only $1.75 million was remitted to ISC Holdings Limited as a purported 25 per cent part-payment for the cybersecurity system.
Contradiction
However, during Wednesday’s proceedings, defence counsel Atta Akyea referred the witness to documentary exhibits containing cheques linked to the transactions under scrutiny.
He first asked the witness whether the cheques bore the signature of the National Security Coordinator.
“The cheques bear the signature of the National Security Coordinator. Is that not so?” counsel asked.
“Yes, my Lord,” the witness responded.
The witness then confirmed that a cheque for GHC1 million, dated 18 March, carried the signature of the late Mr Kyeremeh.
When counsel drew her attention to another exhibit involving a cheque for GHC27,100,000, the witness again confirmed that the National Security Coordinator signed the cheque.
A third cheque for GHC21,000,000 was also referenced during the cross-examination.
“All the three cheques signed by the National Security Coordinator were funds for Special Operations purposes,” Atta Akyea stated.
“Yes, my Lord,” the witness affirmed.
Authorisation
The witness also confirmed that the cheques amounting to GHC49.1 million were authorised from a special operations account called “Coordinator’s Account-NSC” at Fidelity Bank, controlled by the National Security Coordinator, a direct contradiction of the allegation by the Attorney-General that Adu-Boahene on his own moved GHC49.1 million from a certain BNC account.
“Madam, you also agree that the National Security Coordinator authorised those cheques from the Coordinator’s Account-NSC bank account at Fidelity Bank,” counsel asked.
“Yes, my Lord,” the witness responded.
She further told the court that funds withdrawn from the account for such purposes were typically honoured by banks without additional documentation due to the operational nature of the transactions.
When asked whether she had to present a contract document to Universal Merchant Bank before depositing the GHC1 million and GHC21 million cheques, the witness answered in the negative.
“No, I do not have to show,” she said.
*National Security Coordinator wields higher authority*
Under further questioning, the witness acknowledged that the National Security Coordinator had higher decision-making power than Adu-Boahene, within the National Security structure at the time.
“Did your former boss, Kwabena Adu-Boahene, have higher decision-making powers than the National Security Coordinator, the late Joshua Kyeremeh?” Atta Akyea asked.
“No, my Lord,” the witness answered.
Funding practices
The court also heard that National Security operations sometimes require urgent financing due to delays in budgetary releases.
The witness confirmed that in such instances, operations are sometimes pre-financed, with the funds later reimbursed when government releases the required budget allocations.
“You will acknowledge that some National Security operations are time-sensitive or driven?” Atta Akyea asked.
“Yes, my Lord,” the witness replied.
She also admitted that the former BNC Director had on some occasions pre-financed certain special operations during his tenure.
“Yes, my Lord,” she said when asked whether Adu-Boahene had pre-funded some special operations for the office.
Secrecy
In further testimony, the witness explained that National Security expenditure under the Special Operations Funds falls within the Goods and Services category under the Ghana Integrated Financial Management (GIFMIS) framework.
She also confirmed that the use of Special Operations funds is not audited due to the sensitive nature of national security activities.
“The use of the Special Operations Funds is at the discretion of the National Security Coordinator, given the exigencies of his operations” Atta Akyea asked; to which she responded in the affirmative.
According to the witness, such operations typically follow a strict “need-to-know” rule, meaning only top officials within the national security hierarchy may have full knowledge of the purpose of certain expenditure.
Other references
The witness also confirmed knowing Frank Anane Dekpey, the first prosecution witness, identified in the proceedings as a person who had delivered some pre-financed operational funds, as well as Mildred Donkor, who she said had also delivered funds for prefinancing special operational purposes on certain occasions.
The new presiding judge, Francis Apangabuno Achibonga, occasionally intervened during the proceedings to ensure clarity in the witness’s responses, at one point directing her to answer questions more directly so the court could properly assess the evidence.
After the day’s proceedings, Justice Achibonga adjourned the case to 17 March at 9:30 a.m., and 18 March, at 12:00 p.m. for continuation of the trial.
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