High Court dismisses application to adjourn Adu Boahene trial pending SC review

Court Rejects Defence Request
The Accra High Court has dismissed an application by former Signals Bureau Director-General Kwadwo Adu Boahene seeking to adjourn his trial pending the Supreme Court’s (SC) determination of a review application concerning the continuation of selected criminal cases during the legal vacation. The application was filed by Mr Adu Boahene’s counsel, Samuel Atta Akyea, who asked the court to suspend proceedings until September 2, when a three-member panel of the Supreme Court is expected to hear a review application brought by Ofoase-Ayirebi MP Kojo Oppong Nkrumah.

Defence Cites Potential Impact of Supreme Court Review
Mr Atta Akyea argued that the outcome of the Supreme Court review could have implications for the ongoing trial and that it would therefore be prudent for the High Court to wait for the apex court’s decision before continuing with the case. The defence maintained that proceeding with the trial while the legal-vacation issue was still subject to review could create complications if the Supreme Court later reached a different conclusion.

Prosecution Opposes Adjournment
Deputy Attorney-General and Minister for Justice Justice Srem-Sai opposed the application, urging the High Court to allow the trial to continue. He pointed out that the prosecution had only one more day to close its case and argued that the Supreme Court had already determined the substantive interlocutory application relating to the legal vacation.
According to the prosecution, the mere filing of a review application did not automatically suspend proceedings before the High Court.

Judge Says No Rule Requires Suspension
Justice Francis Apanga Achibonga, after hearing arguments from both sides, said he had not identified any legal rule requiring the trial to be suspended under the circumstances. The judge further noted that although the earlier Supreme Court ruling had been delivered by a single judge, the decision remained binding unless and until it was set aside or reversed by a subsequent decision.
On that basis, Justice Achibonga dismissed the defence application for an adjournment.

Charges Against Adu Boahene and Others
Kwadwo Adu Boahene is standing trial alongside his wife, Angela Adjei Boateng, Mildred Donkor and Advantage Solutions Limited. They face 11 charges, including conspiracy, stealing, using public office for profit, money laundering and causing financial loss to the state. All the accused persons have pleaded not guilty and are currently on bail.

Earlier Dispute Over Disclosure
The latest disagreement is part of a series of disputes between the defence and prosecution over the pace and conduct of the proceedings. In July 2025, the High Court rejected a defence application seeking further disclosure of National Security operational account records dating back to 1992. The defence had argued that the records could contain information relevant to the accused persons’ case.

Following the ruling, Mr Atta Akyea sought time to study the decision and consider further legal options, including an appeal or an application for a stay of proceedings. The prosecution opposed the request, insisting that the trial should continue without unnecessary delays.
Defence Insists on Due Process
During the earlier dispute, Mr Atta Akyea accused the prosecution of withholding documents and declared: “I won’t accept any ambulance trial.”

He has consistently maintained that his approach is aimed at protecting due process and ensuring that his client receives a fair trial.

The defence has argued that the justice system should not create an accelerated track for selected cases while other matters continue under the ordinary rules.

The latest ruling means the Adu Boahene trial will proceed despite the pending Supreme Court review application.