The criminal trial involving Kwabena Adu-Boahene, his wife and their company has reached an important stage after the prosecution closed its case.
The case concerns an alleged GH¢49.1 million loss to the state. The accused persons have denied wrongdoing and maintained that the money was used for a cyber-defence system for a state agency.
The prosecution has presented four witnesses and has now completed the evidence it intends to rely on. The defence is expected to file a submission of no case to answer by September 25, 2026.
What is a submission of no case?
A submission of no case to answer is a request by the defence asking the court to end the case without requiring the accused persons to give evidence or present a defence.
At this stage, the court does not decide whether the accused persons are guilty or innocent. Instead, it considers whether the prosecution has presented enough evidence to establish a prima facie case — that is, a case which, if left unanswered, could support a conviction.
The court can also consider this issue on its own.
What is the prosecution’s case?
According to the Deputy Attorney-General, Srem Sai, the prosecution alleges that Adu-Boahene used unlawful means to move and spend GH¢49.1 million belonging to a state agency, with the assistance of his wife and their company.
The prosecution says its four witnesses provided evidence about the movement and use of the money.
The witnesses included a family driver, the head of finance of the state agency, an employee who handled the financial affairs of Adu-Boahene and his wife, and an EOCO investigator.
The prosecution says the evidence includes bank documents, cheques, company records, financial statements and property-related documents.
It also says the evidence raises questions about the alleged cyber-defence procurement and the account into which the money was deposited.
What does the defence say?
The defence disputes the prosecution’s interpretation of the evidence.
In its summary of the case, the defence says the prosecution failed to establish that the GH¢49.1 million came from a state account or that there was an unauthorised private account involved.
It also argues that the prosecution did not establish that the money withdrawn from the account was unrelated to National Security operations.
The defence further says the prosecution did not demonstrate that the money was used to acquire specific vehicles or properties, or that Adu-Boahene personally acquired properties in Oyarifa, Kumasi and London with the alleged funds.
These are positions advanced by the defence and will be considered by the court.
What happens next?
The court has given the defence until September 25, 2026, to file its written submission of no case to answer.
The prosecution will then have an opportunity to respond within 14 days after being served.
The case has been adjourned to November 5, 2026, when the court is expected to rule on the submission.
If the court finds that the prosecution has not established a prima facie case on a particular charge, the accused person can be acquitted on that charge.
However, if the court finds that the prosecution has presented sufficient evidence for a reasonable tribunal to consider a conviction possible, the submission will be dismissed and the accused persons will be required to open their defence.
The Supreme Court has explained these principles in previous cases, including Tsatsu Tsikata v The Republic and George K. Ofori v The Republic.
The next ruling will therefore determine whether the accused persons are acquitted at this stage or whether the trial proceeds to the defence stage.
Importantly, the closing of the prosecution’s case does not mean the court has found the accused persons guilty or that the defence has been vindicated. The court must now assess the evidence presented and determine whether there is a case for the accused persons to answer.
Ghana|Atinkaonline.com|Ebenezer Madugu
