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The Accra High Court has dismissed an application by former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and two others seeking to remove portions of the prosecution’s written submissions in their ongoing GH¢49.1 million cyber-defence case.
The ruling was delivered on Thursday, October 29, 2026, by Justice Francis Apangabuno Achibonga.
The accused persons had asked the court to expunge sections of the prosecution’s arguments opposing their submission of no case to answer, alleging that some passages contained statements attributed to witnesses who had not made them during the trial.
However, the court held that written submissions are intended to assist or persuade a judge on the law and facts but cannot replace evidence presented during court proceedings.
The application was moved by defence counsel Samuel Atta Akyea and opposed by Deputy Attorney-General Dr Justice Srem-Sai.
Defence Raises Concerns Over Alleged Misrepresentation
Mr Akyea asked the court to strike out portions of the prosecution’s written submissions filed on October 9, 2026.
He argued that certain passages attributed statements to prosecution witnesses on matters they had not testified about. He also challenged the prosecution’s interpretation of an exhibit, describing it as inconsistent with the evidence on record.
The defence maintained that allowing the disputed passages to remain could mislead the court when determining whether the accused persons had a case to answer.
Mr Akyea cited previous Supreme Court decisions, including Francis Asuming and 640 Others v Divestiture Implementation Committee and Republic v Court of Appeal; Ex parte Tsatsu Tsikata.
He also relied on the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423), in support of his application.
Deputy Attorney-General Opposes Application
Deputy Attorney-General Dr Justice Srem-Sai urged the court to dismiss the application, arguing that written submissions should not be expunged simply because one party disputes the other side’s interpretation of the evidence.
He maintained that the court could examine the actual trial record and assess the prosecution’s arguments against the evidence presented.
Dr Srem-Sai further pointed out that the accused persons had already raised their concerns in a reply to the prosecution’s submissions filed on October 19, 2026.
Court Explains Its Decision
In dismissing the application, the court explained that written addresses are meant to assist the judge but do not constitute evidence.
The judge stated that even if a lawyer misrepresented evidence in a written submission, such statements would carry no evidential value in determining the case.
The court added that where counsel believes an opposing party has relied on evidence that was never presented, the appropriate approach is to draw the judge’s attention to the alleged inaccuracies.
It stressed that its final decision must be based on witness testimony and exhibits properly admitted during the trial, rather than claims made in lawyers’ written arguments.
The ruling did not determine whether the prosecution’s evidence is sufficient to require the accused persons to open their defence.
Court to Rule on No-Case Submission on November 5
The court is expected to deliver its ruling on the substantive submission of no case to answer on November 5, 2026.
That decision will determine whether the prosecution has presented sufficient evidence to require the accused persons to open their defence or whether the case against them should be dismissed at this stage.
Adu-Boahene, his co-accused Angela Adjei Boateng and Advantage Solutions Limited are standing trial over the alleged diversion of GH¢49.1 million said to have been intended for a US$7 million cyber-defence system for the state.
The accused persons have pleaded not guilty to the charges.
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