The High Court in Accra has issued a six-day ultimatum to Kwabena Adu-Boahene, the former Director-General of the National Signals Bureau (NSB), and his spouse, Angela Adjei Boateng, to ensure their legal representatives appear in court when their trial resumes on 17 August.
Justice Francis Apangabonu Achibonga cautioned that should the pair appear without representation at the next hearing, they will be compelled to conduct the cross-examination of the fourth prosecution witness themselves.
The judge, a Court of Appeal judge sitting as an additional High Court judge, added that if the defendants fail to cross-examine the witness, the witness will be discharged.
The directive came after proceedings on Tuesday, 11 August 2026, where both Adu-Boahene and his wife appeared in court without their defense counsel.
Deputy Attorney-General Dr Justice Srem-Sai led the prosecution alongside Chief State Attorney Sarah Fafa Kpodo, Principal State Attorney Esi Dentaa Yankah, and EOCO Assistant Staff Officer Rabiatu Abdulai.
The defense team, headed by Samuel Atta Akyea, was absent despite the court scheduling the session to continue the cross-examination of the fourth prosecution witness.
The defense lawyers had previously written to the Chief Justice declaring that they would not attend court sessions during the legal vacation.
Addressing the court, Adu-Boahene requested time to contact his counsel and clarify their position.
“It’s been quite a challenge reaching him this morning,” he said, referring to Mr Atta Akyea.
“As recently as this past weekend, I am aware that a few of them have been included in script marking outside Accra. For the lead counsel [Atta Akyea], I am not sure if he is even in the jurisdiction,” he added.
He subsequently pleaded with the court for patience while they sorted out the matter.
“If you will kindly indulge us, we will try to resolve the issue with them,” he said.
Lawyers Cannot Dictate Court Sittings — Deputy AG
Dr Srem-Sai rejected any claim that the trial should stall simply because defense counsel chose to skip proceedings during the legal vacation.
“We are aware, and I have spoken to counsel who was categorical that he had written a letter to the Chief Justice, this court’s registrar, and the Ghana Bar Association that he would exercise his alleged right to not attend court proceedings during the vacation,” he told the court.
The Deputy Attorney-General stressed that the authority to hold court sessions during the legal vacation rests solely with the Chief Justice, governed by the trial judge’s authority over court proceedings.
“We are not aware of any law, rule, practice, or convention which allows a lawyer or a group of lawyers for that matter to decide whether there should be proceedings in court or not,” he submitted.
He contended that if a lawyer has legitimate reasons for requesting an adjournment, the proper approach is to formally apply to the court.
“If a lawyer has a genuine reason to absent himself from court or to have the proceedings adjourned, what we know at the Bar is that the lawyer would make a prayer to the court for the court to grant such accommodation on a case-by-case basis,” he said.
He emphasized that deciding whether to proceed remains the sole prerogative of the bench.
“Whatever case it may be, it remains the province of the judge alone to determine whether there should be proceedings, having obtained a warrant to sit during the vacation,” he said.
Court Grants Final Extension
In his ruling, Justice Achibonga stated that the accused individuals deserve a final opportunity to organize their legal representation.
The judge pointed out that the defense counsel was fully aware of the schedule when the case was adjourned to the 11th through 13th of August 2026, yet chose not to attend.
“Counsel for the accused persons was present when the suit was adjourned to today [August 11] through to 13 August 2026, yet counsel is absent without any reason,” the court said.
Justice Achibonga acknowledged the 5 August letter sent by defense counsel to the Chief Justice requesting a review of the directive to sit during the legal vacation, as well as a similar petition from the Ghana Bar Association dated 10 August.
However, he emphasized that these letters do not constitute a legal stay of proceedings.
“All I can do as a trial judge is to take note of the said letters, as the same do not amount to a stay of proceedings in this suit,” he said.
“Having been issued a warrant by the Chief Justice to sit during the legal vacation and to conduct hearings, until the said warrant is revoked, I am mandated to continue to sit as a vacation judge and conduct hearings.”
Nonetheless, the judge observed that ordering the defendants to immediately handle the cross-examination without a chance to fix their representation would be unfair.
“The question to ask is, would it be fair to the accused persons if I decided to proceed today and asked them to continue with the cross-examination of PW4? I do not think so,” he said.
“In my view, even if counsel had abandoned their clients, it is only fair and proper to give the client an opportunity to advise himself or herself so as to enable court business to continue undistracted.”
He then adjourned the case to 17 August.
“If by the next date [August 17] the accused are not represented by counsel, they shall be made to cross-examine the witness themselves, failing which PW4 would be discharged,” the court directed.
Adu-Boahene, Angela Adjei Boateng, and Advantage Solutions face 11 counts, including allegations of stealing GH¢49.1 million allocated for a national cybersecurity defense system.
All accused persons have pleaded not guilty and remain on bail.
