Supreme Court throws out AG’s request to review Adu Boahene’s case

0
705
Adu Boahene

The Supreme Court has dismissed the Attorney-General’s application for a review in the case involving former National Signals Bureau boss, Kwabena Adu Boahene.

According to reports, the Supreme Court, in a 6–1 majority decision, dismissed an application by the Attorney-General seeking a review of its earlier ruling on criminal disclosures.

The verdict was delivered by Justice Yonny Kulendi, the lone dissenting opinion.

Reports by Joy News stated, “The Attorney-General argued that by effectively removing the word “relevance” from the disclosure framework without substituting it with an equivalent standard, the Supreme Court had, in practical terms, rewritten the law on criminal disclosure.

He contended that the decision risked narrowing disclosure obligations to mere possession of documents, without sufficient regard to whether the materials sought had a meaningful bearing on the issues before the court.

Represented by Deputy Attorney-General Dr Justice Srem-Sai, the Attorney-General urged the Court to either restore the word “relevance” in its ordinary sense or replace it with language such as “connected with the matter before the court”, in order to preserve a clear nexus between requested materials and the subject of the trial. He maintained that without such clarification, the disclosure regime could be applied too restrictively, to the detriment of fair trial standards”.

Justice Lovelace Johnson, who presided, Justice Amadu Tanko, Justice Yonny Kulendi, Justice Senyo Dzamefe, Justice Richard Adjei-Frimpong, Justice Sir Dennis Agyei, and Justice Kwaku Tawiah Ackaah-Boafo were the panel members who determined the matter

Meanwhile, the Supreme Court has indicated that its full, reasoned judgment will be delivered on 4th February.

It will be recalled, Kwabena Adu Boahene, his wife Angela Adjei-Boateng, and one other have been charged by the state for stealing, defrauding by false pretences, money laundering, and conspiracy to commit a crime.

According to the charge sheet, Kwabena Adu Boahene and his wife stole state funds to the tune of GHc 49 million.

The Attorney General, Dr Dominic Ayine, filed 11 charges against Kwabena Adu-Boahene and three others at the High Court in Accra.

In court some weeks ago, the Supreme Court dismissed Adu Boahene’s legal team’s motion to prohibit Justice John Eugene Nyante Nyadu from presiding over the $49 million case.

The apex court unanimously dismissed the application to prohibit the presiding judge in the Kwabena Adu-Boahene trial from further hearing the case on grounds of bias.

The 5-member panel of justices of the apex court held that the application was without merit and did not meet the requirements to prohibit the trial judge.

See the post below: