Adu Boahene saga: Revealing state secrets in public interest not treason – Martin Kpebu explains

Private legal practitioner Martin Kpebu has clarified that revealing state secrets, particularly when done in the public interest, does not constitute treason under Ghanaian law.

According to Kpebu, while the Securities and Intelligence Act 1030 stipulates a minimum of five years imprisonment for disclosing state secrets, such an act is not defined as treason in the 1992 Constitution.

“It is certainly not Ghanaian law that it is treasonable to reveal state secret. For our constitution if you talk about treason and high treason, article 3 of the constitution section 180 of the Criminal Offences Act ongoing.

“When you define treason, just revealing this type of secret is not…These ones don't qualify at all on the face of our law it is not treason,” he stated.

Speaking on TV3’s New Day programme on The Big Issue segment on May 14, 2025, Kpebu emphasized that treason relates specifically to attempts to overthrow the government. He further noted that disclosing state secrets, although criminalized, may be justified if it serves the greater public good.

“There is a number of years imprisonment in the Act 1030 of the Securities and Intelligences Agencies Act and the National Signals Bureau Act, about five years or so,” he added.

His comments were in reference to the ongoing case involving Adu-Boahene, who has been accused of diverting state funds into a personal account.

In a letter dated May 5, 2025, addressed to the National Security Coordinator, Adu-Boahene strongly denied the allegations, stating that GHS 960,000 from the Special Operations budget had been legitimately used to pay allowances to Members of Parliament serving on the Defence and Interior Committee.

He also referenced other entries in what appears to be an official expenditure log, noting allocations such as GHS 5,135,000 in December 2024 for “Election Special Ops – Logistics,” aimed at maintaining “Stability of Nation/National Cohesion/Political impartiality,” and supervised by a “Special Aide to President Elect.” Another entry cited GHS 520,000 spent on “Human Security Ops – Generators” for “Human Security Intervention,” overseen by the “National Security Coordinator.”

Kpebu stressed that although revealing such information may technically be an offense, it is not barred when public interest is involved.

“The fact that it may be an offense is no bar for Adu-Boahene to reveal. Where the public interest will be better served, yes, you can do it.

“Where the state is misusing our money, you have a duty to protect public purse and any good state will not prosecute you for that,” he explained.

Adu-Boahene maintains that all expenditures were legitimate and properly executed within the remit of Special Operations.