The Court of Appeal has ordered the Attorney-General to provide key documents and financial records to the defence in the ongoing criminal trial of former National Signals Bureau Director-General Kwabena Adu-Boahene, partially upholding an appeal filed by him and his wife.
The ruling, delivered on Thursday (28 May), overturned in part a High Court decision that had earlier rejected a request for further disclosure in the case involving the alleged misappropriation of GHC49.1 million in state funds linked to a cyber-defence procurement contract.
The appellate court directed prosecutors to produce what the defence described as missing or withheld evidence, including bank statements and internal National Security records relevant to the transactions under investigation.
Among the orders issued, the court instructed the Attorney-General to disclose the source of the alleged GHC49.1 million said to have been transferred into accounts linked to the accused persons.
It also ordered the release of portions of the National Security Coordinator’s files, including documents relating to special operations accounts and correspondence connected to the opening of such accounts reportedly used for undercover operations through a private bank.
The court further directed the prosecution to clarify whether the disputed funds were intended exclusively for the procurement of a cyber defence system, as alleged in the case.
Additionally, it allowed, in principle, a request for physical inspection of an alleged National Security installation site, provided the application is properly reworded by defence lawyers.
However, the Court of Appeal rejected a broader request for historical National Security account records spanning from the Rawlings era to the present, and dismissed an application seeking a stay of proceedings.
The judges held that disclosure remains a continuing obligation in criminal trials, meaning the High Court proceedings will continue while the requested materials are provided.
The case centres on allegations that Mr Adu-Boahene and others diverted public funds amounting to GHC49.1 million in a cyber-defence software procurement arrangement. The accused have denied wrongdoing.
The Attorney-General had earlier indicated that some of the documents and property records referenced in the prosecution’s public claims were not in its possession.
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