The Defence Counsel led by Mr. Samuel Atta Akyea has filed a comprehensive submission of no case to answer on behalf of former Director-General of the National Security Bureau (NSB), Kwabena Adu-Boahene, and his wife, Angela Adjei Boateng.
The former Director General of the NSB, his wife, and another accused person are being tried over an alleged theft of GH¢49.1 million belonging to the state.
In their application, the defence is urging the High Court in Accra presided over by Justice Francis Apangabuno Achibonga, a Justice of the Court of Appeal who is sitting as an additional High Court judge, to discharge the accused persons, arguing that the prosecution failed to present sufficient evidence to establish a prima facie case after closing its arguments.
The lawyers maintained that the Attorney-General’s Office was duly served with the defence team’s legal arguments ahead of the deadline set by the court.
Central to the submission are claims of glaring evidential gaps, contradictions, and unanswered questions in the prosecution’s narrative. Counsel contends that the state failed to call crucial material witnesses whose testimony was essential to prove the key elements of the charges.
The defence highlighted that the account cited by the prosecution as the “State BNC” account was registered in bank records as the “Coordinator’s Account – NSC” and was dedicated to special operations.
Addressing the financial transactions involved, the defence noted that three cheques amounting to GH¢49.1 million were signed by the National Security Coordinator. However, the prosecution failed to call the Coordinator to clarify the purpose and intended disbursement of the funds. Furthermore, no witness was able to prove the specific purpose of the GH¢49.1 million, despite a Court of Appeal directive ordering the state to state the exact function of the monies.
The Defence Counsel also challenged the state’s allegation of fund diversion, arguing that the prosecution could not produce any account showing the lawful destination from which the money was purportedly diverted.
The defence further pointed to the state’s failure to present evidence from ISC Holdings, the supplier of the cyber-defence system in question, to substantiate claims that the invoice was fraudulent or that the system was never supplied.
Questions were also raised regarding missing evidence, with the defence pointing out that 488 pages of relevant banking records were absent from the financial documents presented by the state.
Purchase of luxury properties
Responding to claims that the GH¢49.1 million was used to acquire luxury properties, vehicles, and investments, the defence stated that the fourth prosecution witness, Frank Marshall-Cromwell, who was also the key investigator, admitted during cross-examination that no ownership documentation was placed before the court.
The witness acknowledged that investigations were still ongoing and that he could not link the funds to any of the alleged houses, frozen vehicles, or businesses.
The defence described the prosecution’s case as being anchored heavily on hearsay rather than direct testimony. They further argued that key figures with direct knowledge of the facts, including the immediate past National Security Coordinator, the incumbent Coordinator, and both past and present Ministers for National Security, were omitted from the witness list. Additionally, no bank officials were called to authenticate the banking documents tendered in court.
According to Mr. Atta Akyea, the state’s evidence falls short of the threshold needed to compel the accused persons to open their defence.
The Attorney-General has 14 days to respond to the no-case submission, after which the defence will have seven days to file a reply.
The court will subsequently deliver its ruling on whether the accused persons have a case to answer on November 5, 2026.
By Collins Adu-Gyamfi
