Justice Achibonga acquits Adu Boahen of two out of 11 charges

The High Court in Accra has asked the former Director-General of the National Signals Bureau, Kwabena Adu Boahen, and his wife, Angela Adjei Boateng, to open their defence in nine of the eleven charges brought against them.

The court, however, acquitted Kwabena Adu Boahen of charges of defrauding by false pretences and obtaining public funds by false statements.

The ruling follows the dismissal of their respective applications of no case to answer by the court, presided over by Justice Francis Achibonga.

Kwabena Adu Boahen is standing trial on charges including three counts of stealing, defrauding by false pretences, wilfully causing financial loss to the state, using public office for profit, and obtaining public funds by false statements.

He is charged with money laundering, conspiracy to commit stealing and money laundering together with his wife.

Angela Adjei Boateng, on the other hand, is charged with conspiracy to use public office for profit.

Advantages solution which is the third accused is charged with money laundering and conspiracy to commit money laundering.

Delivering the ruling, Justice Achibonga explained that, at the submission of no case stage, the prosecution is not required to prove the guilt of the accused persons beyond reasonable doubt.

He noted that an application of no case to answer can only succeed where, at the close of the prosecution’s case, sufficient evidence has not been led to establish an essential element of the offence charged, or where the evidence presented has been so discredited that no reasonable jury could return a guilty verdict.

On the three counts of stealing, the prosecution’s case against Kwabena Adu Boahen is that, while serving as Director of the Bureau of National Communications, he caused approximately GH¢49.1 million to be transferred in three tranches of GH¢27.1 million, GH¢1 million and GH¢21 million from the bureau’s account at Fidelity Bank to an entity, B.N.C. Communications Bureau account UMB, which he allegedly owned.

The judge identified the essential elements of stealing as the appropriation of property belonging to another person dishonestly.

He found that the prosecution had established that the monies involved were state funds and that the alleged dishonest appropriation was carried out through the transfers.

However, on the charges of defrauding by false pretences and obtaining public funds by false statements, Justice Achibonga held that the prosecution’s witnesses had made no reference to any false representations. He consequently acquitted and discharged the accused on those counts.

Kwabena Adu Boahen was further directed to open his defence on the charges of wilfully causing financial loss to the state and using public office for profit.

Angela Adjei Boateng, together with her husband, was ordered to open her defence on the charges of conspiracy to steal, collaboration to use public office for profit, money laundering and conspiracy to commit money laundering.

She was equally asked to open her defence on the count of collaboration to use public office for profit.

The defence, on the other hand, was ordered to open its defence in the counts of money laundering and conspiracy to commit money laundering.

The judge subsequently reminded the accused persons of the offences they were facing and outlined their rights in presenting their defence.

Justice Achibonga explained that they could choose to enter the witness box and give evidence on oath, make an unsworn statement from the dock or remain silent.

The court consequently gave the accused persons three weeks to file their witness statements should they intend to call witnesses.

The case has been adjourned to December 10, when the accused persons are expected to open their defence.