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The Specialized Division of the High Court Presided by H/L Justice Francis Achibonga in the afternoon of Thursday, the 12th day of November, 2026 granted in part and dismissed in part, the Submission of No Case filed for and on behalf of the accused persons in the case of THE REPUBLIC vrs. KWABENA ADU-BOAHENE & ORS (CASE NO. CR/0418/2025).
The Court read its decision to a fully packed Court with an overflow of lawyers and court users who listened to the Court's delivery from the corridor of the Court. The delivery of the Court began some time after 1:05 pm. The ruling of the Court began with a read of the charges of the prosecution, the summarized facts of the case and a narration of the flow of proceedings from the opening of the case of the prosecution, cross-examination by defence to the submission of no case which the Court was offering a reaction to.
In what appeared to be a methodic delivery and consideration of the submissions of either side of the matter, the Court gave an exposition of the law on submission of no case. The Court held, in reliance on Act 30 and case law that a submission of no case ought to be reasoned. The Court was therefore minded to go on a expedition of offering reasons for its decision on the submission of no case filed for the accused persons.
The Court relied on Ali Kassena v The State which has enjoyed affirmations by Ghanaian Courts including the Apex Court. The delivery captured the story of the four witnesses called by the prosecution. This included, the driver of the 1st accused, Kwabena Adu-Boahene, the Director of the National Signals Bureau, a Director of Advantage Solutions, the 3rd accused, and the lead investigator and staff of the Economic and Organised Crime Office, EOCO.
Verdict on Counts
The Court in a detailed fashion determined the charges by an exposition of the ingredients of the offence charged per each count and the evidence supplied by the A-G on same. The Court thus Acquitted and discharged the 1st accused, Kwabena Aduboahene on counts 5 and 9. The offences under those counts are:
2nd Nov, 2026
30th Oct, 2026
23rd Oct, 2026
7th Oct, 2026
24th Sep, 2026
Defrauding by false pretences, contrary to Section 131(1) of the Criminal Offences Act, 1960 (Act 29) ; Obtaining public property by false statements, contrary to Section 5 of the Public Property Protection Act, 1977
(SMCD 140).
On the 9 out of the 11 counts, the Court found that the prosecution had successfully made a case against the 1st accused. In counts against the 2nd accused, wife to the 1st accused, the Court found that 4 counts were made consequently, the Court ordered the 2nd accused to open her defence against those Counts.
Re-informing accused persons of charges and rights
After the Court had delivered itself, it called on the accused persons who rose to their feet. The Court repeated the charges they are to answer and informed them of their rights to silence, filing witness statements or just making unsworn statements in reaction to the charges against them.
The Court after that exercise turned its attention to the learned Atta Kyea, lead Counsel for the defence and informed him that he had 3 weeks to file witness statements for the defence of his clients for the charges to be interrogated for the benefit of the Court. Mr. Atta Akyea who listened to the entire ruling with rapt attention pushed for a month to marshal witnesses and tell their story. His one month timeline incurred the disagreement of the Court.
Mr. Atta Kyea prayed for the ready form of the ruling of the Court for his reading over the weekend. Justice Achibonga looked to his recorder who signaled the possibility of the availability of the ruling today, the 13th day of November, 2026. The Court thus adjourned to December for case management for the case of the defence.
BELOW IS THE SUBMISSION OF NO CASE AND A SUMMARY OF THE COUNTS THE 1ST ACCUSED IS TO RESPOND TO UPON OPENING OF HIS DEFENCE:
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