The Supreme Court will on Wednesday, January 14, decide whether to adjust portions of its earlier ruling in the case involving former National Signals Bureau boss, Kwabena Adu Boahen, and his wife, who are standing trial for money laundering and causing financial loss to the state.

The request by the Deputy Attorney-General (A-G) seeks to ensure the Supreme Court reinstates a key aspect of the Practice Direction on Further Disclosures.

The Practice Direction on Further Disclosures mandates the prosecution to disclose materials that are in its possession and “relevant” to the case.

However, the Supreme Court revised this to require the prosecution to disclose materials that are in its possession and connected to the case.

The adjustment by the Supreme Court followed an application by Adu Boahen and his wife, who had formally asked the Court to stop the High Court judge handling their criminal trial from continuing with the case.

In October, prosecution against the third accused person, Mildred Donkor, in the ongoing GHS49 million theft case involving former National Signals Bureau boss, Kwabena Adu-Boahene, and his wife, Angela Adjei-Boateng, was discontinued by the Attorney-General (A-G), Dr. Dominic Ayine.

Ms. Donkor was formally discharged under Section 59 of the Criminal and Other Offenses (Procedure) Act, 1960 (Act 30) after she declared her willingness to testify for the state in the ongoing trial.

Kwabena Adu-Boahene is the first accused, while his wife and their company, Advantage Solutions Limited, are the second and fourth accused respectively.

Adu Boahen was arrested in March this year at the Kotoka International Airport (KIA) after allegedly attempting to elude authorities using multiple passports.

Attorney-General Dominic Ayine formally charged Mr. Adu Boahene and his wife, Angela Adjei Boateng, with corruption offences to the tune of GHS49 million on Wednesday, April 30, 2025.

According to the writ filed at the High Court on April 30, Mr. Adu-Boahene, who was responsible for overseeing critical national security infrastructure, including contracts with foreign companies, signed a deal with an Israeli company, ISC Holdings Limited, to purchase cyber defence software for $7 million.

In total, Adu-Boahene is alleged to have transferred approximately GHS49 million (approximately $7 million) from the NSB’s funds into his personal accounts, falsely justifying these transactions as payments for the cyber defense systems, together with his accomplice.

“Further investigations have revealed that no cybersecurity system of the description in the January 30, 2020, contract was ever received by the Bureau of National Communication or by its successor agency, the National Signals Bureau, or by the Government of Ghana,” court documents indicated.

Adu-Boahene’s wife, Angela Adjei Boateng, is one of three directors of Advantage Solutions Limited, the sole shareholder of BNC Communications Bureau Limited. Mildred Donkor is a former bank relationship officer for Adu-Boahene, his wife, and BNC Communications Bureau Limited.

The A-G, during a media address in March, detailed that on February 6, 2020, Adu Boahene authorized the transfer of GHC27.1 million from the National BNC’s account at Fidelity Bank to a private BNC account at UMB.

The stated purpose of this transaction was to facilitate the acquisition of cyber defense system software from ISC Holdings in Israel for $7 million.

Further scrutiny of the bank records showed that Mr. Adu Boahene instructed the private BNC to transfer GHC9,537,520, equivalent to $1,750,000 at the time, to ISC Holdings. However, the Attorney-General revealed that "Mr. Adu Boahene fraudulently attached a copy of the government of Ghana ISC contract as well as an invoice, which he held as an invoice issued by ISC Holdings."

In addition to the initial transaction, two further payments amounting to GHC21 million were transferred from the National BNC Director’s account at Fidelity Bank to the same private BNC account at UMB on March 18 and March 30, 2020. These payments were recorded as funding for the cyber defense system.

However, upon closer examination, it was discovered that although a total of GHC49 million had been moved into the private BNC account—an amount equivalent to $7 million at the prevailing exchange rate—only a fraction of the money had been paid to ISC Holdings, raising concerns about the whereabouts of the remaining funds.

According to court documents, it is alleged that Adu-Boahene, his wife, and Mildred “ran an elaborate criminal enterprise using A4 (Advantage Solutions Limited) as a holding company through which the stolen funds were funneled and laundered for their own benefit.”

The documents added that as the holding company for several subsidiary companies, including the private BNC, A4 received a substantial portion of the stolen funds, which its shareholders and directors then invested in the business activities of the subsidiaries, including investments in treasury bills, real estate, the manufacturing of fertilizers, and the rental of luxury cars to VIP customers.

In July, the former Director-General of the National Signals Bureau (NSB), Mr. Adu Boahene, along with three co-defendants including his wife, made their formal court appearance on the 18th day after the High Court in Accra, presided over by Justice John Nyante Nyadu, set July 18 as the date for the trial following a pre-trial hearing on July 3.

The pre-trial was held for the court to address a motion filed by the defendants’ legal team requesting access to national security accounts dating back to 1992.

However, their request was dismissed due to inadequate justification by the presiding judge. During proceedings, the defence lawyer, Samuel Atta Akyea, raised concerns about missing evidence, specifically claiming that 83 pages of bank statements had not been disclosed to the defence.

In response, Deputy Attorney-General Justice Srem Sai objected to allegations that the Attorney-General’s office had lost evidence in the ongoing criminal case involving former NSB Director-General, Kwabena Adu-Boahene.

These claims emerged after the defence team reiterated during a Case Management Conference on June 26 that the bank statements provided by the prosecution were incomplete and that essential pages were missing.

They suggested that these omissions might contain exculpatory evidence and accused the Attorney-General’s office of “cherry-picking” documents to support its case while withholding material that could potentially clear the accused.

The Attorney-General’s office, in a statement shared on its official X page on August 28, stated that it is still in possession of all rightful evidence against the accused. Justice Srem Sai added that all necessary documents needed to prove the charges have been filed.

The documents include contracts, bank records, property ownership documents, INTERPOL reports, and witness testimonies.

"The Attorney-General’s office has not lost any evidence regarding the ongoing Republic v Adu-Boahene criminal trial. As of June 18, we had filed all the documents which we intend to rely on to prove the charges against the 4 Accused Persons in the case.

"The documents include contracts of sale, bank wire transfer records, bank account statements, company registration documents, property ownership records and purchase receipts, INTERPOL stolen vehicle records, investigative caution statements and charge statements of each Accused Person, records of asset non-declaration, a flow chart of money movements through a complex web of bank accounts, and testimonies of our 3 witnesses," he noted.

According to him, Adu-Boahen's legal team is wrong and misguided to believe that the government has lost evidence in the case against their client. He added that “there is no cherry picking as all accused persons have been duly served.”

"Further, court-certified copies of each of these documents have been duly served on each of the Accused Persons. So, it is not even realistic that the documents could be lost to jeopardise the prosecution of the case."

On the current status of the case, the Deputy A-G revealed that before the court went on recess, three prosecution witnesses had already testified, proving that the case is still on track and not disrupted by any lack of evidence.

"…Before the start of the legal vacation on July 31, the first of our 3 prosecution witnesses had completed testifying and had been cross-examined by the lawyers of 3 of the 4 Accused Persons," he said, adding that, "The trial will resume in earnest in mid-October when the courts return from the legal vacation."