Kwabena Adu Boahen and Wife Ordered to Open Defence on 9 Charges

• An Accra High Court dismissed the no-case applications filed by Kwabena Adu Boahen and his wife, Angela Adjei Boateng, on nine of eleven charges
• The court partially acquitted Kwabena Adu Boahen on two counts, finding no evidence of false representations in the prosecution's testimony
• The case has been adjourned to December 10, with accused persons given three weeks to file witness statements

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An Accra High Court has ordered former National Signals Bureau Director-General Kwabena Adu Boahen and his wife, Angela Adjei Boateng, to open their defence on nine of eleven charges filed against them, after dismissing their respective no-case applications.

Justice Francis Achibonga, who presided over the ruling, did however acquit Kwabena Adu Boahen on two counts, defrauding by false pretences and obtaining public funds by false statements, after finding that prosecution witnesses had made no reference to any false representations during the trial.

The former director-general faces 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 faces charges of conspiracy to use public office for profit, money laundering, and conspiracy to commit money laundering.

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A third accused, identified as Advantages Solution, faces charges of money laundering and conspiracy to commit money laundering.

Justice Achibonga explained that at the no-case stage, the prosecution is not required to prove guilt beyond reasonable doubt. The threshold, he noted, is whether sufficient evidence has been led to establish an essential element of the offence, or whether the evidence presented is so discredited that no reasonable jury could return a guilty verdict.

GH¢49.1 Million Transfer at the Centre of Stealing Charges

The prosecution's case on the three stealing counts alleges that while Kwabena Adu Boahen served as Director of the Bureau of National Communications, he arranged for approximately GH¢49.1 million in state funds to be moved from the bureau's Fidelity Bank account in three separate tranches of GH¢27.1 million, GH¢1 million, and GH¢21 million into an account belonging to an entity called B.N.C. Communications Bureau at UMB, which he allegedly owned.

The court found that the prosecution had established the essential elements of stealing, namely that the funds were state property and that the transfers constituted an alleged dishonest appropriation. Accordingly, the no-case application on those counts was dismissed.

Kwabena Adu Boahen was similarly ordered to open his defence on the charges of wilfully causing financial loss to the state and using public office for profit. Angela Adjei Boateng was directed to answer the counts of conspiracy to steal, collaboration to use public office for profit, money laundering, and conspiracy to commit money laundering.

Justice Achibonga reminded all accused persons of their rights in presenting their defence, stating that they may give evidence on oath in the witness box, make an unsworn statement from the dock, or choose to remain silent.

The court granted the accused three weeks to file witness statements if they intend to call witnesses. The case has been adjourned to 10 December, when the defence phase is expected to commence.

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Source: YEN.com.gh