'It is frivolous' – State declines to respond to motion challenging its opposition of 'no case' in Adu-Boahene trial

Deputy Attorney-General and Minister for Justice Dr Justice Srem-Sai has said prosecutors will not file a formal response to a motion by former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his co-accused, describing the application as frivolous.

In a social media post on Monday, October 26, Dr Srem-Sai disclosed that the court had adjourned the hearing of the motion to Thursday, October 29, 2026.

“Our Prosecutors have decided to not file any formal response to this motion. It is, in our view, frivolous,” he wrote.

The motion, filed on October 19 by counsel for Mr Adu-Boahene, his wife Angela Adjei-Boateng and Advantage Solutions Limited, seeks an order striking out portions of the prosecution’s written submissions opposing their submission of no case to answer.

The application challenges submissions filed by the prosecution on October 9, arguing that some passages are not supported by the evidence presented during the trial or the official record of proceedings.

In the motion, the defence is asking the High Court to remove the disputed portions from the prosecution’s submissions, or make any other order it considers appropriate.

The application states that the challenged portions are “not borne out by the record of proceedings”.

The defence contends that the prosecution’s written arguments attribute statements to witnesses and refer to facts that, according to the accused persons, were not established in evidence.

The motion comes as the court prepares to decide whether the prosecution has presented sufficient evidence to require the accused persons to open their defence.

The prosecution closed its case in September after calling four witnesses.

The accused persons subsequently filed a submission of no case to answer on September 25, arguing that the evidence presented was insufficient to sustain the charges against them.

Mr Adu-Boahene, his wife and their company are standing trial over allegations involving GH¢49.1 million earmarked for the procurement of a cyber-defence system for the state.

They face 11 financial charges, including allegations of stealing, money laundering and causing financial loss to the state, to which they have pleaded not guilty.

The prosecution alleges that the funds were diverted and spent through transactions involving the accused persons and entities linked to them.

The defence disputes the prosecution’s case and has raised concerns about gaps in the evidence and the interpretation of financial records.