Adu-Boahene’s lawyers sue A-G, EOCO

The High Court is set to hear a bail application filed by lawyers of Kwabena Adu-Boahene, former Director General of the National Signals Bureau (NSB), and his wife, Angela Adjei Boateng.

The suit names the Attorney-General and the Economic and Organised Crime Office (EOCO) as Respondents.

The couple was arrested and detained under what their legal team describes as “unreasonable and burdensome” bail conditions that undermine their right to liberty. Their lawyers argue that the authorities are deliberately frustrating their release with excessive bail terms.

The conditions require Adu-Boahene to post a bail bond of GHC120 million with justification, while his wife must meet an GHC80 million bail condition, also with justification. Their lawyers argue that these terms are excessive and amount to a deliberate attempt to keep them in detention beyond the constitutional 48-hour limit.

“The liberty of the Applicants should not be at the sufferance of the Respondents, who have closely shown an intention to continue with this blatant violation of their rights to liberty pending investigation…It is obvious that the justification of the bail is at the pleasure of the Respondents” the lawyers stated in the application.

“The upshot is that the Respondents have committed a constitutional infraction in denying the Applicants their right to counsel and shall continue to do so until the court intervenes in this travesty of justice”, they prayed.

The legal team also criticized what they describe as an attempt to conduct a “trial by media,” with authorities making public pronouncements about the couple’s alleged involvement in financial crimes even before they have been formally charged.

They argue that such public statements could influence public perception and prejudice any future court proceedings.

Background

The Attorney-General and Minister of Justice, Dominic Ayine, had disclosed that the former Director-General of the National Signals Bureau (NSB), Kwabena Adu Boahene, was arrested in connection with a controversial $7 million cyber defense system contract which was diverted into his private account.

The revelation was made during a press conference on Monday, March 24, where the Attorney-General detailed the circumstances surrounding the case.

According to Mr. Ayine, the arrest was linked to alleged financial misconduct involving the transfer of public funds intended for the procurement of cybersecurity infrastructure.

Ayine said the contract was valued at $7 million, with the objective of strengthening Ghana’s ability to detect, prevent, and respond to cyber threats, data breaches, and digital espionage.

Despite the strategic importance of the project, the Attorney-General revealed that Kwabena Adu Boahene engaged in unauthorized financial transactions, diverting funds meant for the cyber defense system.

“In his capacity as Director of the National Signals Bureau, Mr. Adu-Boahene on January 30, 2020, signed a contract on behalf on the Government of Ghana and the National Security on one hand and on the other hand, an Israeli company named RLC Holdings Limited. The contract was for the purchase of a cyber defense system software at a price of $7 million.

“On February 6, 2020, he then transferred an initial amount of GH¢27,100,000 from the National Signals Bureau account at Fidelity Bank to a private BNC account at UMB. Official documentation on the transfer reveals that the amount was for the payment of cyber defense system software. He transferred the money to his private company.” – AsaaseRadio