An Accra High Court has ordered former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and his wife, Angela Adjei-Boateng, to ensure that their lawyers are present at the next sitting, or they will have to conduct the cross-examination of the fourth prosecution witness themselves.
Presiding Judge Francis Apangabuno Achibonga gave the directive after lead counsel, Samuel Atta Akyea, and his team failed to appear in court on August 11, 2026.
According to a report by graphic.com.gh, when the case was called, the judge asked Adu Boahene about the whereabouts of his lawyers.
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He told the court that he had been unable to reach Atta Akyea, however, he disclosed that over the weekend the lawyer and his team were engaged in marking examination scripts outside Accra.
Adu-Boahene further indicated that he was uncertain if Atta Akyea was within the jurisdiction.
The Deputy Attorney General, Dr Justice Srem-Sai, also told the court he was not aware that the defence counsel had notified the Chief Justice, the Registrar of the court and the Ghana Bar Association (GBA) over the development.
According to him, counsel had indicated that he would exercise what he described as an “alleged right” not to attend court during the legal vacation.
Dr Srem-Sai argued that the authority to determine whether a court should sit during the legal vacation rested with the Chief Justice, subject to the inherent power of a trial judge to control proceedings before the court.
Dr Srem-Sai consequently urged the court to allow the proceedings to continue without hindrance.
In his ruling, Justice Achibonga said the defence counsel had offered no explanation to the court for his absence, despite having been present when the case was previously adjourned for the continuation of his cross-examination.
The judge said he had taken note of a letter dated August 5, 2026, from defence counsel to the Chief Justice seeking reconsideration of the directive for courts to sit during the legal vacation.
He also noted a separate letter from the Ghana Bar Association raising concerns about vacation sittings.
However, Justice Achibonga held that the letters did not amount to a stay of proceedings.
He explained that he had been issued a warrant by the Chief Justice to sit and conduct hearings during the legal vacation and that, until the warrant was revoked, he remained mandated to continue sitting.
The judge, however, said it would not be fair to compel the accused persons to cross-examine the fourth prosecution witness, given that their lawyers had failed to appear without justification.
He said the accused persons should instead be given the opportunity to decide how they wished to proceed with their legal representation.
Justice Achibonga warned that if the accused persons remained without legal representation during the next hearing they would be required to conduct the cross-examination of PW4 themselves, adding that if they fail to do, the prosecution witness would be discharged.
The court subsequently adjourned the case to August 17, 2026.
Adu Boahene, his wife, Angela Adjei-Boateng, and two other accused persons are standing trial on 11 counts, including conspiracy to commit crime, stealing, using public office for profit, money laundering and causing financial loss to the state.
The accused persons have pleaded not guilty to the charges and are currently on bail.
JKB/VPO
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