The Accra High Court has granted former Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene, and his wife, Angela Adjei Boateng, six days to secure their legal team for their trial continuation on August 17, 2026.
Justice Francis Apangabonu Achibonga warned that if the accused persons appear without counsel on the next adjourned date, they will be required to conduct the cross-examination of the fourth prosecution witness themselves, failing which the witness will be discharged.
The directive was issued on Tuesday, August 11, 2026, after the couple appeared in court without their defense counsel, led by Samuel Atta Akyea, for the scheduled continuation of cross-examination. The prosecution was led by Deputy Attorney-General Dr. Justice Srem-Sai, alongside Chief State Attorney Sarah Fafa Kpodo, Principal State Attorney Esi Dentaa Yankah, and EOCO Assistant Staff Officer Rabiatu Abdulai.
The defense team had previously written to the Chief Justice indicating their intention not to participate in court proceedings during the legal vacation.
Appealing for time, Mr. Adu-Boahene told the court he had experienced difficulty reaching his lead counsel.
“It’s been quite a challenge reaching him this morning,” he said. “As recently as this past weekend, I am aware that a few of them have been included in script marking outside Accra. For the lead counsel [Atta Akyea], I am not sure if he is even in the jurisdiction.”
He requested an indulgence from the court, stating, “If you will kindly indulge us, we will try to resolve the issue with them.”
Deputy Attorney-General Dr. Srem-Sai opposed suspending proceedings due to counsel’s decision to observe the vacation, arguing that authority to hold court rests with the Chief Justice and trial judges.
“We are aware, and I have spoken to counsel who was categorical that he had written a letter to the Chief Justice, this court’s registrar, and the Ghana Bar Association that he would exercise his alleged right to not attend court proceedings during the vacation,” Dr. Srem-Sai said.
“We are not aware of any law, rule, practice, or convention which allows a lawyer or a group of lawyers for that matter to decide whether there should be proceedings in court or not,” he submitted. “If a lawyer has a genuine reason to absent himself from court or to have the proceedings adjourned, what we know at the Bar is that the lawyer would make a prayer to the court for the court to grant such accommodation on a case-by-case basis.”
He added, “Whatever case it may be, it remains the province of the judge alone to determine whether there should be proceedings, having obtained a warrant to sit during the vacation.”
In his ruling, Justice Achibonga noted that defense counsel was present when the trial was scheduled for August 11 through August 13, yet failed to appear without formal explanation.
“Counsel for the accused persons was present when the suit was adjourned to today [August 11] through to 13 August 2026, yet counsel is absent without any reason,” the court said.
While acknowledging letters sent by defense counsel on August 5 and the Ghana Bar Association on August 10 regarding vacation sittings, the judge emphasized that they do not halt court business.
“All I can do as a trial judge is to take note of the said letters, as the same do not amount to a stay of proceedings in this suit,” Justice Achibonga stated. “Having been issued a warrant by the Chief Justice to sit during the legal vacation and to conduct hearings, until the said warrant is revoked, I am mandated to continue to sit as a vacation judge and conduct hearings.”
However, the judge ruled that fairness required giving the defendants time to address their representation.
“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. “In my view, even if counsel had abandoned their clients, it is only fair and proper to give the client an opportunity to advise himself or herself so as to enable court business to continue undistracted.”
Adjourning the case to August 17, the court directed: “If by the next date [August 17] the accused are not represented by counsel, they shall be made to cross-examine the witness themselves, failing which PW4 would be discharged.”
Adu-Boahene, Angela Adjei Boateng, and Advantage Solutions face 11 counts, including the alleged theft of GH¢49.1 million allocated for a cybersecurity defense system. They have pleaded not guilty and remain on bail.