The High Court in Accra has ordered former National Signals Bureau Director-General, Kwabena Adu Boahen, and his wife, Angela Adjei Boateng, to open their defence on nine of the eleven charges against them.
The court, presided over by Justice Francis Achibonga, however acquitted Adu Boahen on charges of defrauding by false pretences and obtaining public funds by false statements.
The ruling came after the court dismissed their applications of no case to answer. Adu Boahen faces charges including three counts of stealing, wilfully causing financial loss to the state, using public office for profit, money laundering and conspiracy to commit stealing and money laundering.
His wife is charged with conspiracy to use public office for profit, while their company, Advantage Solutions, is charged with money laundering and conspiracy to commit money laundering.
In his ruling, Justice Achibonga explained that at the no-case stage, the prosecution is not required to prove guilt beyond reasonable doubt.
An application can only succeed where no sufficient evidence has been led on an essential element of the offence, or where the evidence is so discredited that no reasonable court could convict.
On the three counts of stealing, the prosecution alleges that while serving as Director of the Bureau of National Communications, Adu Boahen caused about GH¢49.1 million to be transferred in three tranches – GH¢27.1 million, GH¢1 million and GH¢21 million – from the Bureau’s account at Fidelity Bank to B.N.C. Communications Bureau’s account at UMB, which he allegedly owned.
The judge held that the prosecution had established that the monies were state funds and that the alleged dishonest appropriation was carried out through the transfers.
But on defrauding by false pretences and obtaining public funds by false statements, the judge held that prosecution witnesses made no reference to any false representations.
He therefore acquitted and discharged Adu Boahen on those two counts.
Adu Boahen was also ordered to open his defence on wilfully causing financial loss to the state and using public office for profit.
His wife was ordered to open her defence on conspiracy to steal, conspiracy to use public office for profit, money laundering and conspiracy to commit money laundering.
Justice Achibonga reminded the accused of their rights -to testify on oath, make an unsworn statement from the dock, or remain silent.
He gave the defence three weeks to file witness statements if they intend to call witnesses. The case has been adjourned to December 10 for the accused to open their defence.
