Adu-Boahene Trial: Defence highlights 60 alleged contradictions in prosecution's case

The criminal trial of former National Signals Bureau (NSB) Director-General, Kwabena Adu-Boahene, has attracted significant public attention, largely due to allegations by the Attorney General that millions of Ghana cedis earmarked for a cyber defence system were unlawfully diverted.

According to Attorney General Dr Dominic Ayine, Adu-Boahene and his co-accused orchestrated a scheme to misappropriate approximately GH¢49.1 million in public funds through a network of companies and bank accounts.

The prosecution contends that money intended for the procurement of a cyber defence system was instead diverted for personal and private use.

To support these allegations, the prosecution has called three principal witnesses; Frank Anane Dekpey, a taxi driver; Edith Ruby Adumuah, Director of Finance at the National Signals Bureau; and Mildred Donkor, a former UMB Bank employee who was initially charged in the case but was later converted by the Economic and Organised Crime Office (EOCO) into a prosecution witness.

However, during cross-examination by defence counsel, the witnesses made several admissions that the defence argues contradict both the Attorney General's public statements and the prosecution's case before the court.

Testimony of Edith Ruby Adumuah (Director of Finance, National Signals Bureau)

She testified that there was no public institution known as the Bureau of National Communications (BNC), contrary to the Attorney General's assertion.

She explained that the BNC was an internal department under the Office of the National Security Coordinator, not an autonomous agency like the Bureau of National Investigations (BNI) or the Research Department (RD).

She stated that what the Attorney General described as a "State BNC" account at Fidelity Bank was, in fact, a special operations account belonging to the National Security Coordinator, officially named the "Coordinator's Account – NSC", but internally referred to as "Director BNC."

She testified that the National Security Coordinator, not Adu-Boahene, had the authority to approve and authorise expenditures from the Fidelity Bank special operations account.

She further stated that the three cheques totalling GH¢49.1 million paid into the BNC Operations account at UMB Bank were signed and authorised by the National Security Coordinator, not Adu-Boahene.

She testified that she personally deposited two of the three cheques into the UMB Bank account.

She also confirmed that she had personally withdrawn money from UMB Bank special operations accounts, including the BNC Operations account, for operational purposes.

She challenged the Attorney General's assertion that GH¢49.1 million represented the cedi equivalent of US$7 million, stating that the exchange rate in 2020 would have placed the equivalent at approximately GH¢38.15 million.

She therefore maintained that GH¢49.1 million could not have represented payment for a US$7 million acquisition.

She testified that she could not state the precise purpose of the GH¢49.1 million, explaining that only the National Security Coordinator and the Minister for National Security would know its intended use.

She stated that the cyber defence system procurement was a genuine transaction.

She confirmed personally processing invoices and payments relating to the cyber defence system.

She testified that payment was contingent upon delivery and acceptance of the system.

She further confirmed that the cyber defence system was delivered.

She stated that there was no report or audit query indicating that GH¢49.1 million had been stolen or gone missing from the National Signals Bureau.

She testified that she never detected or reported any theft of that amount during her tenure.

She confirmed that the National Security Coordinator was aware of the BNC Operations account at UMB Bank.

She testified that the National Security Coordinator had authority to open special operations accounts and appoint signatories.

She stated that it was routine practice for cash withdrawals from special operations accounts to be transported in "Ghana Must Go" bags.

She denied transferring money to purchase houses for Adu-Boahene.

She denied that Adu-Boahene used operational funds for personal purposes.

She reiterated that no GH¢49.1 million was missing from her department.

She stated that her department's budget for 2020 was approximately GH¢13 million, making it impossible for GH¢49.1 million to have disappeared from her department.

She confirmed that no internal query had ever been raised against Adu-Boahene.

She maintained that any theft of funds would have been detected by her office.

She testified that the GH¢49.1 million was not part of the annual budget she prepared for 2020.

She also stated that she did not prepare any US$7 million budget for the cyber defence system.

She testified that she did not know the source of the GH¢49.1 million, but confirmed that the Fidelity Bank special operations account sometimes received funds from private sources.

She stated that public funds were never transferred through GIFMIS into the Fidelity Bank account.

Instead, she said public funds were processed through GIFMIS only into National Security accounts held at the Bank of Ghana.

Consequently, she said she could not confirm the Attorney General's claim that the GH¢49.1 million constituted public funds.

She confirmed that invoices and supporting documentation existed for the cyber defence procurement.

She testified that several payments, not just the initial US$1.75 million, were transferred to ISC Holdings Limited in Israel.

She stated that she never personally witnessed Adu-Boahene stealing or diverting public funds.

Testimony of Frank Anane Dekpey

According to the defence's summary of the proceedings, Frank Anane Dekpey, a prosecution witness, made the following key assertions during his testimony:

Contrary to the Attorney General's claim that funds withdrawn from the BNC Operations account were delivered to third parties, Dekpey testified that he never delivered any money to Adu Boahene's wife or to any other third party.

He stated that all cash withdrawn was delivered directly to the National Security office in Labone.

Dekpey further testified that he acted solely as a courier, delivering the money to either Edith Ruby Adumuah, Head of Finance, or the Director, and not to any private individual.