The Accra High Court has adjourned the trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to August 25, 2026, pending the determination of an injunction application before the Supreme Court.
The Supreme Court is scheduled to hear the application on August 20, with the defence seeking an order restraining the High Court from hearing the case during the ongoing legal vacation.
Justice Francis Apangabuno Achibonga, who is sitting as a vacation judge, said although the mere filing of an injunction application did not automatically stay proceedings, he was reluctant to continue with a trial in which a superior court had been asked to restrain the lower court.
He consequently adjourned the case to August 25 at 9:30 a.m.
The case was called on Monday, August 17, with Peter Osei-Asamoah holding brief for the substantive defence counsel, Samuel Atta Akyea.
Mr Osei-Asamoah initially asked the court to adjourn the proceedings because Mr Atta Akyea was unavailable due to other professional commitments during the legal vacation.
He told the court that Mr Atta Akyea had written on August 14 to notify it of his inability to attend, adding that the request was intended to ensure that the accused persons received adequate legal representation as guaranteed under the 1992 Constitution.
The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the request, arguing that the reason cited by Mr Atta Akyea was similar to that contained in a letter he had sent to the Chief Justice and did not explain why other lawyers from his firm could not represent the accused persons.
He also reminded the court that it had already directed that the trial should continue during the legal vacation.
According to Dr Srem-Sai, defence counsel could not determine the pace of proceedings from the Bar and urged the court to dismiss the application for an adjournment.
The defence subsequently drew the court’s attention to the injunction application pending before the Supreme Court.
Mr Osei-Asamoah explained that the application specifically sought to restrain the High Court from proceeding with the trial during the legal vacation and was scheduled for hearing on August 20, four days after Monday’s proceedings.
He clarified that the defence was not suggesting that the Supreme Court had already issued an order stopping the trial.
Instead, he asked the High Court to hold the proceedings in abeyance until the Supreme Court determined the injunction application.
Dr Srem-Sai rejected the argument, maintaining that the filing of an injunction application did not deprive the High Court of jurisdiction to continue with the case.
He argued that an injunction only became effective after the court had made an order.
The Deputy Attorney-General further submitted that challenges to the propriety of proceedings before a lower court should ordinarily be pursued through appropriate judicial review processes, including certiorari or prohibition, rather than through an injunction application alone.
In his bench ruling, Justice Achibonga declined to adjourn the case to the next legal term, saying that would push the proceedings to October and undermine the purpose of his appointment as a vacation judge.
The judge also observed that the absence of Mr Atta Akyea did not necessarily prevent other lawyers within his firm from representing the accused persons.
However, on the pending Supreme Court application, Justice Achibonga said he was taking a cautious approach.
He acknowledged the prosecution’s position that filing an injunction did not automatically stay proceedings but said a lower court should be reluctant to proceed with a matter when a superior court had been asked to restrain it.
The judge therefore held that, while the application remained pending before the Supreme Court, he was unable to proceed with the trial.
The case was accordingly adjourned to August 25, 2026, at 9:30 a.m.
Adu-Boahene and his wife are standing trial over the alleged diversion of GH¢49.1 million earmarked for the procurement of a cyber-defence system.
Adu-Boahene has pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, using public office for personal gain and obtaining public property by false pretences.
His wife, Angela Adjei-Boateng, has also pleaded not guilty to charges including allegedly collaborating to use public office for personal gain, conspiracy to commit money laundering and money laundering.
The next major development in the case is expected on August 20, when the Supreme Court hears the defence’s injunction application.
