The Accra High Court has ordered former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, to open his defence on eight out of the 11 charges brought against him in the alleged GH¢49.1 million cyber-security procurement case.
The court, presided over by Justice Francis Apangabuno Achibonga, however, acquitted and discharged him on two charges of defrauding by false pretences and obtaining public property by false statements.
The second accused, Angela Adjei-Boateng, was also ordered to open her defence on four charges, while the third accused, Advantage Solutions Limited, is to open its defence on two charges.
The ruling delivered yesterday followed the court's consideration of the submission of no case to answer filed by the accused persons after the prosecution had closed its case.
The court held that the prosecution had established sufficient evidence - prima facie- on the charges requiring the accused persons to respond to the allegations.
The accused persons have until December 4, 2026, to file their witness statements, should they wish to do so.
Charges
The court examined the evidence led by the four prosecution witnesses, particularly the movement and withdrawal of funds from the NSB accounts.
On the first charge of stealing GH¢27.1 million, the court held that the prosecution had led sufficient evidence to establish that the money belonged to the Government of Ghana, and that Adu-Boahene had appropriated it, thereby denying the state the benefit of the funds.
It said the prosecution was not required at that stage to prove the guilt of the accused beyond reasonable doubt, but only to establish sufficient evidence to warrant the accused being called upon to open his defence.
The court further held that the testimonies of the prosecution witnesses on the charge had not been discredited.
On the second charge of stealing GH¢1 million, the court adopted its findings on the first count, holding that the prosecution had introduced sufficient evidence to require Adu-Boahene to open his defence.
It also found sufficient evidence on the third charge of stealing GH¢21 million.
On the fourth charge of conspiracy to steal GH¢49.1 million, which involved Adu-Boahene and the second accused, the court said the evidence showed that the second accused was the sole shareholder of the third accused company.
It held that the evidence so far suggested that the two accused persons had agreed to steal the money, and that both would have to open their defence on the charge.
On the sixth charge of wilfully causing financial loss to the state, the court held that the prosecution had established the movement of GH¢49.1 million belonging to the state into the account of BNC Communications Bureau Limited.
It said there was evidence that Adu-Boahene caused the money to be transferred into the account, thereby denying the state the opportunity to use the funds.
The court, however, identified a triable issue regarding whether a cyber-security device allegedly supplied by an Israeli company had actually been delivered to BNC.
It said although a letter from the Israeli company indicated that the device had been supplied, an inventory of the NSB tendered by the prosecution did not include the item.
Nevertheless, the court found sufficient evidence to require Adu-Boahene to open his defence on the charge.
On the seventh charge of using public office for profit, the court said the prosecution had presented evidence that Adu-Boahene withdrew GH¢600,000 and deposited GH¢53,000 into the account of the third accused company, from which GH¢50,000 was withdrawn on the same day.
It further observed that the funds had been moved from the BNC account into an account belonging to a company in which the second accused was both a director and shareholder.
The court said the second accused, being the wife of Adu-Boahene, was his associate and that the evidence established a prima facie case requiring him to open his defence.
Dismissed charges
However, the court found that the prosecution had failed to establish a prima facie case on the fifth charge of defrauding by false pretences.
It said the prosecution had not led evidence of any representation made by Adu-Boahene that enabled him to transfer the GH¢49.1 million into the account of BNC Communications Bureau Limited.
The court also acquitted and discharged him on the ninth charge of obtaining public property by false statements, saying there was no evidence that he had sought permission from any person through a false representation before the transfer of the funds.
Collaboration
On the eighth charge of collaboration to commit a crime, the court found evidence of the second accused's alleged collaboration with Adu-Boahene and ordered her to open her defence.
For the 10th charge of money laundering, involving all three accused persons, the court held that the prosecution had established a prima facie case of the predicate offence of stealing.
It said there was also sufficient evidence that the three accused persons had allowed themselves to be used to commit money laundering and, therefore, all three had to open their defence.
On the 11th charge of conspiracy to commit money laundering, the court adopted its findings on the fourth charge and held that the evidence of the accused persons' alleged cooperative conduct required them to respond to the charge.
Consequently, Adu-Boahene is to open his defence on counts one, two, three, four, six, seven, 10 and 11.
The second accused is to open her defence on counts four, eight, 10 and 11, while Advantage Solutions Limited is to open its defence on counts 10 and 11.
The court subsequently explained to the accused persons their rights to testify under oath or make unsworn statements in their defence.
The prosecution was represented by the Deputy Attorney-General, Dr Justice Srem-Sai, while Samuel Atta Akyea represented the accused persons.
