The High Court has ordered the Ghana Police Service to directly provide all relevant information in their possession concerning the BMW 740D with chassis number J020CM11428 to the defence team.
This directive was issued by Justice John Eugene Nyante Nyadu in the ongoing trial involving former National Signals Bureau (NSB) Director Kwabena Adu-Boahen and three others accused of stealing GH¢49 million in state funds.
The court made the order after partially dismissing a disclosure application filed by counsel for the first and second accused persons.
Lawyer Samuel Atta Akyea had requested the release of several documents, including the bill of lading for the BMW, details of its port of entry, and the police docket concerning the vehicle, which the prosecution claims was acquired with stolen funds.
Atta Akyea argued that the documents were central to the defence’s case, particularly in disproving allegations that Adu-Boahen imported a stolen car. He contended that the documents would help dismantle what he described as a prejudicial narrative being advanced by the prosecution.
Deputy Attorney General, Dr. Justice Srem-Sai, opposed the motion, stating that the bill of lading and other requested documents were not in the possession of the prosecution.
He explained that Adu-Boahen himself was listed as both importer and exporter in the customs declaration, suggesting the documents were already accessible to the accused. According to the Deputy AG, the customs declaration form contained sufficient details and made further disclosure unnecessary.
In his ruling, Justice Nyante Nyadu determined that the initial categories of documents requested—relating to the bill of lading, port of entry, and vehicle clearance—had already been addressed in supplementary disclosures made by prosecution witness Frank Cromwell.
However, on the matter of the police docket, the judge acknowledged that while the Office of the Attorney General claimed not to have it, the Criminal Investigations Department (CID) of the Ghana Police Service had shared portions from its database.
The court, therefore, declined to compel the prosecution to provide additional documents but ordered the Ghana Police Service to directly hand over all relevant materials regarding the BMW to the defence team.
In a separate development during the same proceedings, the court dismissed a request for adjournment from newly appointed counsel for the third accused person, Mildred Donkor.
Her lawyer, Mr. Nutifafa Nutsukpui, appeared in court for the first time and asked for time to familiarize himself with the case, citing that Donkor had only engaged his services the night before and delivered incomplete documents late in the day.
Nutsukpui explained that the short notice prevented him from securing certified copies of necessary court filings before the day’s hearing.
However, the judge ruled against the request, asserting that Donkor had been given sufficient time to secure legal representation and should have adequately briefed her counsel in advance.
“I ordinarily would have granted the request if the accused were illiterate,” Justice Nyante Nyadu said. “But for someone as literate as she is, who was aware that this case had been adjourned to secure legal representation, it is reasonably expected that she would apprise her lawyer of all pending processes.”
Deputy Attorney General Srem-Sai also opposed the adjournment, stating that the day’s motion was unrelated to Donkor and pertained to a disclosure request filed by other defence lawyers.
He further noted that disclosure is a continuous process, and any lawyer entering the case would be entitled to relevant materials as proceedings advance.
The case involves four individuals: Kwabena Adu-Boahen, Angela Adjei-Boateng, Mildred Donkor, and a fourth accused person, all facing charges linked to the alleged misappropriation of GH¢49 million belonging to the state.
The matter has been adjourned to July 31, 2025, for the hearing of a separate pending motion.
