Signals Bureau case: ‘We were battle-ready’ – Atta Akyea fires at AG over absence of prosecution team

Counsel for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, Samuel Atta Akyea, has criticised the Attorney-General’s Office after the prosecution team failed to appear in court to continue cross-examination. The case was adjourned to September 8 after the prosecution was unable to proceed with the cross-examination. The development comes a day after Mr Atta Akyea had expressed enthusiasm about an additional day granted by the Accra High Court to allow him to further cross-examine the fourth prosecution witness.

He had indicated that he had about 60 questions prepared for the witness but would reduce them to 40 following a three-hour limit imposed by the court. According to the lawyer, the extra day was necessary to ensure that all relevant areas of the witness’s testimony were adequately covered. However, appearing in court on Wednesday, September 2, Mr Atta Akyea said he was surprised that no representative from the Attorney-General’s Office was available to continue the proceedings.

“I was surprised that no single human being from the Attorney-General’s Office was able to come for the cross-examination to continue. We were battle-ready, but they, who are on an ambulance mode to prosecute this case, did not show up.” Mr Atta Akyea said although the Attorney-General’s absence was explained by his appearance before the Supreme Court on another matter, the prosecution should have anticipated the clash and requested a different date. He argued that the failure to do so feeds into what he described as an “ambulance mode” in the prosecution of the case, suggesting that the prosecution has consistently sought to expedite proceedings.

The court subsequently adjourned the case to September 8. Mr Atta Akyea maintained that the defence was prepared to proceed and had expected to make use of the additional time granted by the court to complete its cross-examination. The Office of the Attorney General has dismissed what it describes as a “mischievous” portrayal by counsel for former National Signals Bureau Director-General Kwabena Adu-Boahene regarding the prosecution’s absence from court on Wednesday, September 2.

According to the Attorney General’s Press Secretary, Benjamin Alpha Aidoo, the prosecution’s failure to appear for what was scheduled as the final day of cross-examination in the Cybersecurity software case was due to circumstances beyond its control. He said the prosecution remains committed to ensuring an expeditious and fair trial and did not deliberately stay away from court to abandon its case. Mr Aidoo explained that during proceedings on Tuesday, September 1, counsel for Mr Adu-Boahene, Samuel Atta Akyea, requested an additional day to conclude his cross-examination.

He said both Mr Atta Akyea and the Deputy Attorney General subsequently agreed that Wednesday, September 2, would be used for the final day of cross-examination. However, the Deputy Attorney General drew the High Court’s attention to a review application by former Minister for Education, Kojo Oppong Nkrumah, which was scheduled for hearing at the Supreme Court at 9am on Wednesday. The prosecution therefore asked the High Court to schedule the Adu-Boahene proceedings for 11:30am, on the expectation that the Supreme Court proceedings would have concluded by then.