Lead counsel for Kwabena Adu Boahene, Samuel Atta Akyea, has taken a swipe at the presiding judge in his client’s case, questioning the motive behind his decision to allow his client to cross-examine the prosecution witnesses if he fails to appear in court.
According to Atta Akyea, the Judge asking Adu-Boahene to conduct his own trial is like asking a carpenter to perform surgery.
Atta Akyea declared that he will not appear in court on August 17 for the continuation of his client’s trial during the legal vacation.
He stated that he has already communicated his position to the Chief Justice and will not be part of a trial that, in his view, should not proceed during the recess.
Speaking in an interview on TV3 on August 11, 2026, Atta Akyea stated that he would not comply with the directive.
He stated, “I’m not going to court at all. Why should a judge, in a very technical case of this nature, when a lawyer is on vacation, go and find another lawyer by saying that you come and stand there and cross-examine?
“How can a layperson cross-examine in such a matter? You are asking a carpenter to go and do surgery. What is special about this case? Some of these things you are failing to answer, and I know they can’t answer. What is special about these cases?” he asked.
He further questioned the Chief Justice and the judge presiding over Adu-Boahen’s case on the distinction between a criminal case and a murder case.
Atta Akyea argued that there was nothing special about his client’s case to prevent him from enjoying his legal vacation.
He added, “Who tells you I’m not in a hurry to clear my client’s name? I told you that the whole year, when was the time that I said I won’t come to court, and you believe that I shouldn’t have my vacation as the CJ is having his vacation? What is the meaning of legal vacation? If you want to go and read the law, go and pay regard to Order 79, and Order 79 decrees legal vacation.
“What is the meaning of legal vacation? What is special between a murder case and Kwabena Adu-Boahen’s case? You think we can’t question discretionary powers and administrative decisions? They are all embedded in the position,” he said.
The development follows Justice Francis Archibonga telling former Director-General of the National Signals Bureau (NSB), Kwabena Adu Boahene he will conduct his own trial if his lawyer, Samuel Atta Akyea, refuses to show up to court.
According to reports, Kwabena Adu-Boahene and his wife arrived at court yesterday without their Lawyers when the judge asked where they were; Adu-Boahene replied that he wasn’t sure if his lead lawyer, Atta Akyea, was even in the country.
Deputy Attorney General Justice Srem-Sai stood up and stated that the state is well aware of the defence lawyers’ categorical refusal to attend court during the legal vacation.
The presiding judge, Francis Apangabuno Achibonga, gave Kwabena Adu-Boahen and his wife, Angela Adjei-Boateng, a six-day ultimatum to produce their lawyer.
The judge said failure to do so would result in their conducting cross-examination themselves or the prosecution’s witness being discharged.
Meanwhile, Chief Justice Paul Baffoe-Bonnie told the Ghana Bar Association (GBA) and Lawyers representing Abdul-Hanan Wahab and former National Signals Bureau Director-General Kwabena Adu-Boahene, Godfred Dame and Atta Akyea that legal vacation doesn’t stop judges from hearing cases.
Justice Paul Baffoe-Bonnie debunked suggestions that lawyers can decline to proceed with cases simply because they have been scheduled during the legal vacation.
According to the Chief Justice, a judge who is sitting and ready to hear a case cannot be prevented from doing so purely because counsel has made personal arrangements during the vacation period.
Speaking at the 2nd Quadrennial Delegates Congress of the Senior Staff Association of the Judicial Service of Ghana in Sunyani in the Bono Region, the Chief Justice stated, “You cannot say that there is legal vacation, so a judge who is actually sitting and ready to do your case cannot do it. No, that’s not it”.
“To write to the Chief Justice to say that the cases should not be adjourned to the vacation, so I am not coming, I have already made arrangements outside, so I am not coming.
“You are a lawyer; you have your clients. If your clients decide to give you leave, well, go on leave, but you cannot say that there is a legal vacation and the judge who is actually sitting cannot do your case. No, that is not it,” he stated.
“No, adjournments are not at the instance of the Chief Justice. Adjournment is a judicial act. This is something that is so basic,” he said.
Watch the video below:
Adu-Boahene 6-day Ultimatum: 'I am not going to court at all! Why should I go to court? What is the meaning of legal vacation, and what is special about these cases?' – Samuel Atta Akyea, Lead Defence Counsel for Adu Boahene#DailyBrief #TV3GH pic.twitter.com/0TF7xcYzL4
— #TV3GH (@tv3_ghana) August 11, 2026
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