Dramatic turn of events during proceedings at the High Court in Accra, Mildred Donkor, the third accused in the ongoing GH¢49 million National Security cyber-defense software case, publicly dismissed her legal counsel, Samuel Atta Akyea, in open court.
Donkor, a former staff member of UMB and Director of Advantage Solutions System, is standing trial alongside Kwabena Adu-Boahene (A1), former Director-General of the National Signals Bureau (NSB), and Angela Adjei Boateng (A2), a representative of Advantage Solutions System (A4).
The four face multiple charges including stealing, willfully causing financial loss to the state, defrauding by false pretence, obtaining public property by false statement, and using public office for personal gain.
The courtroom, presided over by Justice Eugene Nyante Nyadu, was charged with tension when Mr. Atta Akyea engaged in a heated exchange with Deputy Attorney-General Dr. Justice Srem Sai over an application for the stay of proceedings.
Moments after the clash, as proceedings began to settle, Donkor raised her hand and addressed the court directly.
“I want to take a separate lawyer,” she declared, effectively terminating Mr. Atta Akyea’s services on the spot.
Her decision appeared to catch many in the courtroom off guard.
Justice Nyadu acknowledged the unusual move but confirmed that Donkor was within her rights.
Citing Article 19(2)(f) of the 1992 Constitution, he emphasized that an accused person is entitled to defend themselves personally or by legal counsel of their choice.
In response, Dr. Srem Sai argued that once Donkor had dismissed her lawyer publicly, Mr. Atta Akyea could no longer represent or speak for her in court. “It would be unfair and contrary to the principle of a fair trial for a lawyer who has been fired in open court to purport to be speaking for the same client,” he said.
Justice Nyadu concurred, noting that until Donkor appoints a new lawyer, she is deemed to be representing herself.
The court will decide later whether she may conduct her own cross-examinations or if legal counsel is necessary.
Before the courtroom disruption, proceedings had focused on arguments about the admissibility of certain evidence and the timeline for cross-examining Frank Anane Dekpey, Prosecution First Witness (PW1).
Mr. Atta Akyea had pressed for a stay of cross-examination pending further disclosures from the prosecution, claiming that the defence had not been given adequate materials necessary to mount a proper defence.
Justice Nyadu pushed back, asserting that disclosures are an ongoing process and that counsel had not provided sufficient legal grounds to delay the cross-examination.
The court reprimanded Mr. Atta AKyea, urging him to show respect after he interrupted the judge’s intervention.
He was also advised to accept correction after misquoting the Constitution.
“You have not laid the foundation, but that doesn’t mean the A-G has to go all over the world looking for exculpatory evidence,” he said.
Dr. Srem Sai supported this view, arguing that none of the requested materials directly impacted the testimony of PW1.
“The defence is attempting to use the backdoor to achieve what the law would not otherwise grant,” he said.
The trial continues.
