Lead counsel for former National Signals Bureau (NSB) Director-General, Kwabena Adu-Boahene, Mr Samuel Atta Akyea has asked the High Court in Accra to discharge his client, arguing that the prosecution has failed to establish a case against him.
In a submission of no case to answer filed on Thursday, Mr Akyea cited alleged inconsistencies in the prosecution’s evidence and its failure to call material witnesses to support the charges against Mr Adu-Boahene.
Mr Adu-Boahene, his wife, Angela Adjei-Boateng, and another person are facing charges of alleged embezzlement and financial misconduct in connection with a $7 million (GH¢49.1 million) contract with an Israeli company, ISC, for the supply of a cyber defence system to the NSB.
The system was allegedly procured in 2020 but was never delivered, prompting the State to initiate criminal proceedings against the accused persons.
Under cross-examination by Mr Akyea, an Economic and Organised Crime Office (EOCO) investigator, Mr Frank Marshall Cromwell, confirmed that EOCO did not engage ISC or the National Security Council to establish whether the cyber defence system had been purchased and delivered.
Mr Adu-Boahene and the other accused persons have pleaded not guilty to all charges and are currently on bail.
However, the prosecution, led by Dr Justice Srem-Sai, maintained that it had presented sufficient evidence to establish that the GH¢49.1 million was Government of Ghana money held in an account of a government agency.
According to the prosecution, Mr Adu-Boahene opened a bank account in the name of a private company on the same day the first cheque was issued and allegedly diverted three cheques intended for the government agency into that account.
The State further said bank statements, purchase receipts and ownership documents tendered in evidence showed that the accused allegedly used the funds to acquire houses in prime locations and luxury vehicles for himself, family members and associates.
Earlier, Mr Marshall testified that Mr Adu-Boahene transferred GH¢9.54 million, equivalent to $1.75 million, to ISC Holdings, but made no further payments.
The prosecution called four witnesses, including the accused’s driver, Frank Anane Dekpey, who testified that he carried cash in “Ghana Must Go” bags on the instructions of Mr Adu-Boahene.
Other witnesses included NSB Head of Finance, Ruby Adumoah Opoku, who testified about the transfer of funds from the NSB account, and a woman who said she operated a company allegedly established by Mr Adu-Boahene to move funds.
Mr Marshall gave evidence on the alleged diversion of funds and the subsequent use of the money for private expenditure.
BY MALIK SULLEMANA
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