State prosecutors, led by Deputy Attorney-General Dr. Justice Srem-Sai, have closed their case in the trial of former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and two others charged with stealing GH¢49.1 million meant for the purchase of a cybersecurity defence software system.
The prosecution closed its case following the conclusion of cross-examination of its fourth and final witness, Frank Marshall Cromwell, an investigator with the Economic and Organised Crime Office (EOCO).
The closure means the State has finished leading evidence to substantiate the charges against the accused persons.
Mr. Adu-Boahene, his wife Angela Adjei Boateng, and a company allegedly owned by the couple, Advantage Solutions Limited, are standing trial on 11 counts of financial offences relating to the alleged theft. They have pleaded not guilty.
Prosecution Witnesses
The prosecution team, comprising Deputy Attorney-General Dr. Srem-Sai, Chief State Attorney Sarah Fafa Kpodo, Principal State Attorney Esi Dentaa Yankah, EOCO Assistant Staff Officer Rabiatu Abdulai and Gifty Dumelo, called four witnesses.
The first witness was Frank Anane Dekpey, driver to the first accused, who testified that he ran errands for his boss, including carrying cash in ‘Ghana Must Go’ bags for deposits and withdrawals on the instructions of the first accused.
The second witness, Ruby Edith Adumoah Opoku, Head of Finance at the NSB, testified about the transfer of the GH¢49.1 million from the NSB’s account into an account unknown to the entity.
The third prosecution witness, Mildred Donkor, told the court that she operated a company set up by the accused persons to move funds and that the accused gave her pre-signed cheques for that purpose.
The fourth witness, Frank Marshall Cromwell, an investigator with EOCO, gave details about the nature of the account allegedly created for the diversion of the funds, the investigations that unravelled the alleged private expenditure by the accused persons, and discredited the authenticity of a letter purporting to confirm the purchase of the cybersecurity software.
Submission of No Case
Lead counsel for the accused, Samuel Atta Akyea, has indicated his intention to file a submission of no case to answer following the closure of the prosecution’s case.
Justice Francis Apangabonu Achibonga, a Justice of the Court of Appeal sitting as an additional High Court judge, has directed the defence to file its arguments within two weeks, by September 25.
The prosecution will have two weeks upon service to file its response.
The court has set November 5, 2026, in the 2026/27 legal year, to rule on whether the prosecution has made a prima facie case to warrant the accused persons opening their defence.
The effect of the ruling of the submission of no case is that, the court is to determine if the threshold has been met for the accused persons to respond to the charges on the face of evidence by prosecution witnesses.
If the Court holds that – no prima facie evidence has been made, the accused persons would be acquitted and discharged.
But, if the Court holds the view that the threshold of prima facie has been established, the accused persons would be invited into the witness box to answer to the charges.
After that, the Court would then evaluates the evidence on record from both parties (the prosecution and the defence) to deliver its judgment.
By Murtala Inusah
