Adu-Boahene Trial: Prosecution falsification claims serious – Rev Odei-Appiah

The Convener of the Coalition of Civil Society Organisations, Rev DK Odei-Appiah, has described allegations that the prosecution misrepresented facts and attributed statements to witnesses that may not be supported by the court record in the ongoing trial of former National Signals Bureau Director-General, Kwabena Adu-Boahene and two other accused persons as very serious matters that must be dealt with strictly on their merits.

He stressed that any allegation of falsification or misrepresentation of evidence in criminal proceedings demands careful judicial scrutiny, as the integrity of the evidence presented before a court is fundamental to the fair administration of justice.

Rev DK Odei-Appiah made the remarks at a press conference at the Ghana International Press Centre in Accra on 27 October 2026, where he called for an impartial determination of a defence application challenging portions of the prosecution’s written submissions opposing the accused persons’ submission of no case to answer.

According to him, counsel for the accused persons, Samuel Atta Akyea, Esq, had questioned whether certain statements attributed to prosecution witnesses were actually reflected in the official record of proceedings and reportedly sought orders for the disputed portions to be expunged.

He maintained that the allegations must neither be dismissed lightly nor treated as established misconduct before the court has examined the relevant record and heard the parties.

The convener emphasised that the accurate presentation of witness testimony is a fundamental responsibility of every party involved in criminal proceedings, particularly the prosecution, which is expected to assist the court in arriving at a just decision based on the evidence.

He cautioned that if statements were attributed to witnesses without proper support in the court record, the matter could raise serious concerns about prosecutorial responsibility, professional ethics and the credibility of the judicial process.

However, he underscored that the defence’s allegations remain unproven and that it is for the court to determine, on the basis of the facts, the record and the applicable law, whether any misrepresentation occurred and what consequences, if any, should follow.

Rev DK Odei-Appiah therefore urged Justice Francis Apangabuno Achibonga, the presiding judge, to determine the application independently and on its merits, without political pressure, intimidation or improper influence from any quarter.

He said neither the prosecution nor the defence should be permitted to dictate the outcome through public commentary, and that the court must be allowed to examine the disputed submissions against the actual testimony and other relevant records.

“Our appeal is therefore directed to the judicial process itself: let the record speak for itself, let the parties address the issues fully, and let the court determine the application independently on its merits,” he stated, insisting that accountability must be pursued through lawful procedures and not through public condemnation or the settlement of personal or political scores.

Rev DK Odei-Appiah said written submissions should analyse and interpret the evidence on record without misrepresenting what witnesses had said or attributing statements to them without a proper basis.

He added that if the court established that testimony had been improperly attributed to witnesses, the matter would raise serious questions about professional responsibility, prosecutorial ethics and the integrity of the judicial process.

He stressed that any appropriate response must follow the law and the applicable disciplinary procedures.

“Our appeal is therefore directed to the judicial process itself: let the record speak for itself, let the parties address the issues fully, and let the court determine the application independently on its merits,” Rev DK Odei-Appiah stated.

The coalition also warned against drawing conclusions about the entire National Security establishment from allegations against individual officials.

Rev DK Odei-Appiah acknowledged that accountability within national security institutions was essential and that such institutions must not be used as shields for corruption, financial misconduct or abuse of office.

However, he argued that allegations against an individual should not automatically translate into a presumption of institutional wrongdoing.

According to Rev. DK Odei-Appiah, attributing criminal responsibility to an individual requires evidence establishing that person’s alleged conduct and connection to the offence, rather than reliance solely on institutional association.

He warned that unjustified conclusions could undermine public confidence in national security institutions, affect the morale of personnel who perform their duties lawfully and weaken the credibility of legitimate security operations.

He maintained that the integrity of national security depended on both accountability for wrongdoing and protection against unsupported allegations.

“Ghana’s security institutions must be subject to the law, but they must not be condemned by association,” Rev DK Odei-Appiah stated.

Central to the coalition’s statement was a call for the protection of Justice Francis Apangabuno Achibonga from any form of improper influence as he considers the issues before the court.

Rev DK Odei-Appiah invoked Articles 125 and 127 of the 1992 Constitution of Ghana, which establish the constitutional position of judicial power and safeguard the independence of the Judiciary.

He said these constitutional protections were essential to ensuring that judicial decisions were based on the law and evidence rather than political interests or public pressure.

Rev DK Odei-Appiah urged political actors, public officeholders and all interested parties to refrain from conduct that could compromise the actual or perceived independence of the trial judge.

He also called on the public to distinguish between legitimate scrutiny of the justice system and attempts to dictate the outcome of a pending criminal case.

According to Rev DK Odei-Appiah, judicial independence does not place judges beyond public accountability but ensures that their decisions are guided by the Constitution, the law and the evidence properly presented before them.

He stressed that the trial judge owed no allegiance to either the prosecution or the defence and that his responsibility was to uphold the Constitution and the law.

“The public interest is not served by a conviction secured at any cost, nor by an acquittal unsupported by the law. It is served when the judicial process is fair, impartial and credible,” Rev DK Odei-Appiah stated.

The Coalition of Civil Society Organisations outlined a series of demands aimed at safeguarding the integrity of the proceedings and reinforcing public confidence in the administration of justice.

First, Rev DK Odei-Appiah called on Justice Apangabuno Achibonga to discharge his constitutional mandate with courage, independence and fidelity to the law.

He urged the judge to determine every application and issue strictly on the evidence and applicable law, resisting improper influence from political, institutional or public sources.

Second, he called on the President, members of the Executive, political party officials and all public officeholders to respect judicial independence and refrain from actions or statements that could influence, or appear to influence, the outcome of the trial.

Third, Rev DK Odei-Appiah demanded that the case be determined without regard to the political affiliation, party membership or public popularity of the accused persons.

He argued that every accused person was entitled to equal protection of the law and a fair hearing before an independent and impartial court.

Fourth, he urged the court to consider the evidence presented by the prosecution and the submissions of both parties before applying the appropriate legal standards to the no-case submission and other matters before it.

Rev DK Odei-Appiah said the court must act in accordance with the law if the evidence satisfied the applicable threshold and must equally give effect to the law if that threshold was not met.

Fifth, he called for the transparent and judicial resolution of the dispute over the alleged attribution of statements to prosecution witnesses.

He urged the court to determine the defence application by reference to the record of proceedings and the applicable law, ensuring that both parties had a fair opportunity to present their arguments.

Sixth, Rev DK Odei-Appiah called on the Attorney-General’s Department to uphold the highest standards of prosecutorial responsibility by ensuring that its submissions accurately reflected the evidence on record.

He maintained that the prosecution’s responsibility extended beyond securing convictions to assisting in the proper administration of justice.

Finally, he urged public officials, political parties, media organisations and commentators to avoid presenting allegations as established guilt or making pronouncements that could prejudice the fair determination of the case.

He said public discussion of judicial proceedings was legitimate, but it must not become an attempt to replace judicial determination with public opinion.

Rev DK Odei-Appiah said the Republic v Kwabena Adu-Boahene & Others proceedings represented an important test of public confidence in the fairness, impartiality and independence of Ghana’s criminal justice system.

He reiterated that the coalition was not asking the court to acquit or convict the accused persons but was calling for the constitutional principles of judicial independence, due process and equal protection of the law to be respected.

“Our message to the Government is clear: respect the judicial process. Our message to the prosecution is clear: let the evidence speak. Our message to the Judiciary is clear: determine the matter independently, in accordance with the law,” Rev DK Odei-Appiah stated.

He added that the rule of law was protected not when courts delivered verdicts that satisfied particular interests but when judges were free to deliver the decisions required by the law.

Rev DK Odei-Appiah maintained that Ghana deserved a justice system in which every accused person received a fair hearing, every prosecutor was accountable for the accuracy of the case presented, every judge was protected from improper influence and every judgment was grounded in the law.

He said the coalition would continue to defend these principles in the interest of constitutional democracy, accountability, transparency and good governance.