An Accra High Court has given former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene and his wife, Angela Adjei Boateng, six days to ensure their lawyers appear for the continuation of their trial.

The court warned that if they attend the next hearing without counsel, they must personally conduct the cross-examination of the fourth prosecution witness (PW4). Failure to do so will result in the witness being discharged.

Justice Francis Apangabonu Achibonga, a Court of Appeal justice sitting as an additional High Court judge, issued the directive on Tuesday, August 11, 2026, after the couple appeared without their legal team. Defence lawyers led by Samuel Atta Akyea were absent for the scheduled continuation of further cross-examination of PW4. The case was adjourned to 17 August 2026.

Adu-Boahene told the court he had difficulty reaching Atta Akyea that morning.

He explained that some members of the defence team had been marking examination scripts outside Accra over the weekend and that he was unsure whether the lead counsel was even in the jurisdiction. He appealed for time to resolve the issue of legal representation.

Dr Justice Srem-Sai reacts

The Deputy Attorney-General, Dr Justice Srem-Sai, who represented the state, told the court that he was aware defence counsel had written to the Chief Justice, the Registrar of the court and the Ghana Bar Association (GBA), indicating he would exercise what he described as an “alleged right” not to attend court during the legal vacation.

Dr Srem-Sai argued that the power to determine whether court proceedings should be held during the legal vacation rested with the Chief Justice, subject to the inherent power of a trial judge to control proceedings in his own court.

He said no law, rule, practice or convention allowed a lawyer or group of lawyers to unilaterally decide whether proceedings should take place.

Where counsel had genuine grounds to be absent, he said, the proper course was to apply to the court for an adjournment, which the court could grant in whole, in part, or refuse.

The Deputy Attorney-General urged the court to allow proceedings to continue without hindrance.

Judge rules

Justice Achibonga observed that defence counsel had been present when the case was earlier adjourned to 11–13 August yet failed to appear without explanation.

He took note of the August 5, 2026, letter from the defence to the Chief Justice seeking reconsideration of the vacation sitting warrant, as well as a related letter from the Ghana Bar Association, but stressed that neither letter constituted a stay of proceedings.

Having been issued a warrant by the Chief Justice to sit during the legal vacation, he remained mandated to continue until any revocation.

The judge held that it would be unfair to compel the accused to take over the cross-examination immediately. “The question to ask is, would it be fair to the accused persons if I decided to proceed today and asked them to continue with the cross-examination of PW4? I do not think so,” he said.

He added that even if counsel had abandoned their clients, the accused should be given a fair opportunity to arrange representation so that court business could proceed without distraction. He therefore directed that if the accused are not represented by counsel on 17 August, they must cross-examine the witness themselves; if they fail to do so, PW4 will be discharged.

Adu-Boahene and wife on trial

Adu-Boahene, Angela Adjei Boateng and Advantage Solutions Limited face 11 charges, including allegations of stealing GH¢49.1 million intended for a cybersecurity defence system, conspiracy, money laundering, using public office for profit and causing financial loss to the state. They have pleaded not guilty and are on bail.

The case has previously been marked by delays and courtroom drama, including an earlier walkout by defence counsel under a different judge. Proceedings continue under the current vacation warrant pending any further intervention by the Chief Justice.