The lead counsel for the former National Signals Bureau (NSB) Director, Kwabena Adu Boahene, Samuel Atta Akyea, has justified his decision to walk out of the High Court in Accra on Thursday, October 23.
Samuel Atta Akyea, in court yesterday, walked out of the High Court in Accra after the trial judge, Justice Eugene Nyadu Nyantei, refused to grant an adjournment.
Adu Boahene, lead counsel, had informed the court that his team had filed an application at the Supreme Court seeking to prohibit Justice Nyantei from continuing with the trial.
Atta Akyea requested that the proceedings be halted until the Supreme Court ruled on the matter.
However, his request was opposed by the prosecution, led by Principal State Attorney Esi Dentaa Yankah, who stated, “There is no rule of law that says that proceedings must be halted in order for counsel for the accused to be excused to pursue an interlocutory injunction”.
She highlighted that the defence had repeatedly used such tactics to delay the case.
Ms Yankah added, “It seems that the trend is developing that at every given step of this case, one motion or another is filed and a request for stay is made”.
“And you have made it abundantly clear and in accordance with established case law that the pendency of an interlocutory matter doesn’t justify the stay of proceedings. In counsel’s instant oral application for stay, he hasn’t made any effort to convince the court of any special reason why today’s proceedings should not continue. I pray that his request, though made, be disregarded so that the case can proceed.”
Justice Nyantei, after hearing from both sides, ruled that the filing of a prohibition application at the Supreme Court was not enough reason to suspend the ongoing proceedings.
The Judge’s ruling made Atta Akyea visibly displeased, and he gathered his team and walked out of the courtroom.
The Judge, unfazed, ordered the prosecution’s second witness to take the stand and continue her testimony.
Justice Nyantei also instructed Mr Adu Boahene to either recall his lawyers to court or proceed to represent himself. Following a brief recess, the former NSB Director informed the court that he had been unable to reach his legal team.
The judge subsequently granted Adu Boahene’s request for an adjournment, with the case set to continue on October 30.
Reacting to his walkout while speaking to journalists, Samuel Atta Akyea stated, “I had filed for a prohibition of motion in the Supreme Court, saying that we’re not comfortable that this judge would give us justice.
I brought it to the attention of the judge. I also raised an issue that we should adjourn the case and abide by the outcome of the application of the Supreme Court. The judge said he won’t grant us the adjournment and that he will continue the case”.
Samuel Atta Akyea further quizzed the judge’s unnecessary haste in proceeding with the case despite a pending motion.
“Ask why the judge is in an ambulance mood to continue the case and cannot wait for the Supreme Court for one week,” he added.
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.