Adu-Boahene trial will continue during legal vacation — Court maintains

An Accra High Court has maintained that the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene will continue during the legal vacation.

Justice Francis Apangabuno Achibonga, a Justice of the Court of Appeal sitting as an additional High Court Judge, said the warrant authorising him to sit during the vacation remained valid until revoked by the Chief Justice.

The Court took the position after some defence lawyers, including Mr Samuel Atta-Akyea, were absent when the case came up for further proceedings.

Mr Adu-Boahene, who was present in court, told the Court that he had encountered difficulty reaching his lawyer and understood that counsel had been engaged in activities outside Accra over the weekend.

He appealed to the Court to create some space to enable him to resolve the issue concerning his legal representation.

Dr Justice Srem-Sai, Deputy Attorney-General, said the prosecution was aware that some defence lawyers had written to the Chief Justice, Court Registrar and Ghana Bar Association indicating their intention not to attend proceedings during the legal vacation.

He said the authority to determine whether courts should sit during the legal vacation rested with the Chief Justice and that such a directive was binding on the Judge.

Dr Srem-Sai referred to Order 75 Rule 4 and Order 71 Rule 11 of the High Court Rules, saying the provisions made it clear that the Chief Justice determined whether courts should sit during the vacation.

He argued that there was no law, rule, practice or convention that allowed a lawyer or group of lawyers to independently determine whether proceedings should continue.

The Deputy Attorney-General said where a lawyer had a genuine reason for being absent, counsel could apply to the Court for an adjournment, with the decision resting on the discretion of the Court.

He, therefore, urged the Court to allow the proceedings to continue without hindrance.

Justice Achibonga noted that Mr Atta-Akyea had been present when the case was adjourned to August 11 to 13, 2026, but was absent without obtaining permission from the Court.

The Judge, however, acknowledged that Mr Atta-Akyea had written to the Chief Justice seeking reconsideration of the directive authorising the vacation sittings and that the Ghana Bar Association had also raised concerns with the Chief Justice.

Justice Achibonga said the petitions and correspondence did not amount to a stay of proceedings because the warrant authorising him to sit during the vacation remained valid.

He said until the warrant was revoked, he would continue to sit as a vacation Judge and hear the case.

The Judge, however, considered whether it would be fair to continue the proceedings in the absence of the accused persons' lawyers and noted that the accused persons were present in court.

He said the accused persons should be given an opportunity to make arrangements for their legal representation.

Justice Achibonga advised that if they remained unrepresented at the next sitting, they could be required to conduct the cross-examination themselves, failing which the fourth prosecution witness, Mr Frank Marshall Cromwell, would be discharged.

The Court subsequently adjourned the case to August 17, 2026, for further proceedings.

GNA