GH¢49m NSB Case: Why the Court of Appeal dismissed Adu-Boahene's application to halt trial

The Court of Appeal in Accra, on May 28, 2026, dismissed an application by embattled former Director-General of the National Signals Bureau, Kwabena Adu-Boahene, to halt his ongoing trial.

Adu-Boahene asked the Court of Appeal to stay proceedings of the High Court until the “exculpatory disclosures” he requested are made available to him or his lawyers “in aid of the constitutional imperative of a fair trial”.

However, the court did not grant his relief, ruling that Adu-Boahene, through his lawyers, was not able to give tangible reasons for his request.

“None of the Counsel for the parties addressed us on this. The Appellants have the duty to satisfy us of the factors or legal principles for the grant of stay of proceedings, especially in a criminal case,” parts of the ruling of the court sighted by GhanaWeb, reads.

The Court of Appeal also indicated that the case can go on as the disclosures the accused person has requested are being worked on.

“We hold that compliance with the order of this Court for disclosure can be done concurrently with the case continuing. The position of the law is that disclosures are continuing or ongoing during the pendency of the case. It is therefore in the interest of justice and speedy trial that the case proceeds,” it said.

The court added: “The Appellants have failed to demonstrate exceptional circumstances to warrant the grant of the application for stay of proceedings in this case and at this stage. We therefore have no other legal option than to dismiss the application for stay of proceedings. The application for stay of proceedings is hereby dismissed as lacking merit.”

Kwabena Adu-Boahene, together with his wife Angela Adjei-Boateng and a company linked to them (Advantage Solutions Limited), is facing trial over allegations of misappropriating approximately GH¢49 million (around GHC49.1m) intended for the procurement of cybersecurity defence software for the state.

The prosecution alleges that funds earmarked for the NSB were diverted through a network of companies and used for private investments and property acquisitions.

Adu-Boahene has pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, and using public office for personal gain.

The defence, led by prominent lawyer Samuel Atta Akyea, had sought further disclosures from the Attorney-General's Department, including broad national security-related documents spanning from 1992.

Lower court rulings had previously limited or denied some of these requests, prompting the appeal and application for a stay.

The Court of Appeal’s decision today aligns with earlier rulings that found no sufficient basis to halt the trial or compel additional disclosures beyond what has already been provided.

Court of Appeal dismisses Adu-Boahene's application for stay of proceeding

BAI

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