Proceedings in the trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife were adjourned on Tuesday after lawyers representing the accused persons failed to appear in court.
The matter came before Justice Francis Achibonga at the High Court around midday, with Deputy Attorney General Justice Srem Sai appearing for the prosecution.
Notably absent were Samuel Atta Kyea and the other lawyers representing the accused persons.
When the court inquired about the whereabouts of their counsel, Adu-Boahene indicated that he did not know whether Mr Atta Kyea was within the jurisdiction.
He explained that his lawyer had written to the Chief Justice seeking the rescission of the warrant issued to Justice Achibonga to sit during the legal vacation.
According to Adu-Boahene, the letter indicated that counsel would not attend court if the matter was not rescheduled to a date after the legal vacation.
The Deputy Attorney General, however, maintained that there was no rule permitting a judge to selectively determine which proceedings to hear during the legal vacation, particularly where the Chief Justice had issued a warrant authorising the judge to sit.
Justice Achibonga subsequently addressed the issue, stating that he had taken notice of the letter from Mr Atta Kyea to the Chief Justice challenging the warrant, as well as a subsequent letter from the Ghana Bar Association supporting the position of the defence lawyers.
The judge, however, held that neither communication constituted a stay of proceedings.
Justice Achibonga said that until the Chief Justice revoked the warrant authorising him to sit during the legal vacation, he remained prepared to continue hearing cases assigned to him.
The judge nevertheless turned to the question of whether it would be fair to proceed with the substantive hearing in the absence of the accused persons’ lawyers.
Tuesday’s sitting had been scheduled for the cross-examination of the fourth prosecution witness.
Justice Achibonga said it would not be fair to require Adu-Boahene and his wife to undertake the cross-examination themselves in the absence of their lawyers.
He therefore decided to give the accused persons time to seek legal advice and take steps to secure legal representation.
The court directed Adu-Boahene and his wife to return on the next date with their lawyers. The judge indicated that if they were unable to secure counsel, they could elect to conduct the cross-examination themselves.
Alternatively, if they chose not to continue with the cross-examination, the prosecution witness would be discharged.
The case has consequently been adjourned to August 17, 2026, at 9:30 a.m.
Deputy AG Accuses Defence of Delaying Trial
Speaking to the press after the proceedings had been adjourned, Deputy Attorney General Justice Srem Sai criticised the position taken by the defence lawyers and accused them of using the legal vacation dispute to delay the trial.
Justice Sai rejected the suggestion that the legal vacation prevented courts from continuing with cases, noting that several judges were sitting during the vacation while other judges who had not been designated as vacation judges were also continuing with proceedings.
The Deputy Attorney General said that where a lawyer has a reason that prevents them from attending court, the appropriate course is to appear before the court, explain the circumstances and seek an adjournment.
“If a lawyer has a challenge which will prevent him from conducting a case or anything, what you do is to come to court and tell the court your reason, and the court will understand and grant you adjournment,” he said.
He questioned the decision of the defence lawyers to remain away from court and communicate their position through a letter to the Chief Justice.
Justice Sai maintained that, from the prosecution’s perspective, there was no controversy over Justice Achibonga sitting during the legal vacation because the judge had been authorised by the Chief Justice to do so.
He further accused the defence of repeatedly employing tactics that, in his view, were aimed at delaying the proceedings.
The Deputy Attorney General alleged that the prosecution had encountered repeated difficulties whenever it sought to advance the case, with “one excuse or the other” arising whenever the matter was due to proceed.
The trial will resume on August 17, when Adu-Boahene and his wife are expected to appear with their lawyers or indicate whether they intend to continue the proceedings without legal representation.
