The High Court in Accra, presided over by Justice John Nyandu Nyante, has directed the Office of the Attorney-General to disclose information on properties in London and Kumasi allegedly linked to Kwabena Adu-Boahene, former Director-General of the National Signals Bureau (NSB) and his spouse, Angela Adjei Boateng, as and when such information comes into the prosecution’s custody.
The ruling followed intense legal arguments between state prosecutors and defence counsel over a motion for further disclosures filed by lawyer Samuel Atta Akyea on behalf of Adu-Boahene (A1), his wife (A2) and Advantage Solutions Systems (A4), a company allegedly associated with them.
Mildred Donkor, a former staff member of UMB and a Director of the company, is the third accused (A3), represented by lawyer Nutifafa Nutsukpui.
During proceedings, Deputy Attorney-General Dr. Justice Srem-Sai stated that the prosecution had sufficient evidence linking the accused to properties in Kumasi and London, believed to be proceeds of crime in the ongoing GH¢49.1 million NSB security facility scandal.
According to the prosecution, the accused used a network of companies, including Vertex Solutions and Dorchester Heights Limited, to acquire these properties.
Particular reference was made to bank statements showing large transactions – GH¢2.9 million in July 2024 and GH¢4.55 million in January 2025 – made to Dorchester Heights Limited.
These payments, Dr. Srem-Sai said, relate to a substantial property located in Asokore Mampong, Kumasi. “The Kumasi property is called Dorchester Heights. It is a very huge property. The transaction is traceable to the accused through companies they control,” he stated.
Dr. Srem-Sai also questioned why Mr. Atta Akyea had not requested disclosure of properties located in Accra.
In response, Mr. Atta Akyea argued that the state had failed to provide essential information referred to in its own charge and fact sheets, particularly details concerning the address, value and ownership of the London and Kumasi properties and their alleged link to a “private BNC account.”
He insisted that any exculpatory material, whether or not the prosecution intends to rely on it must be disclosed.
“All the evidence that is consistent with the innocence of the accused persons should be laid bare before a court of law, equity and good conscience,” he said, citing constitutional protections and the precedent in Ex Parte Tsatsu Tsikata.
Mr. Akyea further argued that the Attorney-General’s own public and written statements tying the accused to the properties created an obligation to furnish full disclosures. “Either the disclosures are with the AG or they are not, it cannot be both,” he maintained.
But Dr. Srem-Sai pushed back, arguing that the defence had misinterpreted the prosecution’s disclosure obligations.
“The prosecution is not bound to defend the accused. Our duty is to facilitate their defence under Article 19 of the Constitution,” he said.
He further explained that only material evidence relevant to the determination of the case, and in the possession of the prosecution, must be disclosed.
“The evidence must be relevant and consequential to the matter in issue,” the Deputy AG emphasised.
The prosecution affirmed that it had already provided all available materials in its possession and committed to disclosing any future evidence that may come into its custody in accordance with the law.
In his ruling, Justice Nyante acknowledged the complex nature of property ownership in money laundering cases, noting that assets are often held through third parties or trust arrangements.
He ordered that the prosecution must disclose any new evidence related to the London and Kumasi properties as and when it becomes available.
“Since disclosure is an ongoing process during trial, I hereby order the prosecution to make disclosures in respect of the London and Kumasi properties as and when such materials come into their custody,” the judge ruled.
The trial will resume on September 4, 2025, for Mr. Atta Akyea to move his motion for a stay of proceedings. The court is also expected to continue the cross-examination of prosecution witness Frank Dekpey, who has claimed to have run errands for the accused persons.
Background
The GH¢49.1 million NSB security facility case involves allegations that the accused persons misappropriated state funds earmarked for national security by channeling them through shell companies and personal accounts, including the “private BNC account.”
The properties in London and Kumasi are central to the prosecution’s case, alleged to be purchased with proceeds from the diverted funds.
