KEY POINTS

• Rev Odei-Appiah says allegations of misrepresented evidence are serious.

• Adu-Boahene’s defence wants disputed passages removed from prosecution submissions.

• Civil society coalition urges an impartial ruling without political interference.

Rev DK Odei-Appiah, Convener of the Coalition of Civil Society Organisations, has described allegations that prosecutors misrepresented evidence in the trial of former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene as very serious, calling for the matter to be determined independently by the court.

He said the allegations must be examined against the official court record rather than dismissed or treated as proven misconduct before the relevant evidence has been reviewed.

Odei-Appiah made the remarks at a press conference at the Ghana International Press Centre in Accra on October 27, 2026. He urged the judiciary to handle the dispute without political pressure and ensure that both the prosecution and the defence receive a fair hearing.

Defence challenges prosecution’s account of evidence

The controversy centres on an application filed by Adu-Boahene and his co-accused, challenging parts of the prosecution’s written submissions opposing their request for a no-case-to-answer ruling.

Defence counsel Samuel Atta Akyea has questioned whether certain statements attributed to prosecution witnesses in the written submissions were actually made during the trial. The defence is asking the court to remove the disputed passages on the grounds that they allegedly misrepresent witness testimony and documentary evidence.

The application concerns claims made in the prosecution’s arguments about documents linked to the procurement of a cyber-defence system, the existence of a contract and the alleged use of GH¢49.1 million in state funds.

The defence disputes the prosecution’s interpretation of several pieces of evidence and argues that some claims in its written submissions are not supported by the trial record.

However, the allegations remain subject to judicial determination. The court must establish whether the disputed passages accurately reflect the evidence before deciding what action, if any, is appropriate.

Prosecutors urged to maintain professional standards

Odei-Appiah stressed that prosecutors have a responsibility to present witness testimony and documentary evidence accurately when making legal arguments.

He warned that attributing statements to witnesses without sufficient support could raise concerns about professional ethics, prosecutorial accountability and public confidence in the justice system.

He added that the prosecution’s duty extends beyond securing convictions to assisting the court in reaching a just decision based on the evidence.

The civil society coalition called on the Attorney-General’s Department to ensure that its submissions faithfully reflect the record of proceedings. It also urged the court to examine the defence’s application in accordance with the law and established procedures.

Coalition warns against political interference

Odei-Appiah also called on the President, government officials, political parties and other public figures to avoid statements or actions that could influence, or appear to influence, the outcome of the trial.

He referred to Articles 125 and 127 of Ghana’s 1992 Constitution, which address judicial power and the independence of the judiciary.

According to him, the case should not be decided based on the political affiliations or public standing of the accused persons. Instead, the court must assess the evidence and apply the law impartially.

The coalition also cautioned against treating allegations involving individual officials as proof of wrongdoing across the entire national security establishment. It maintained that accountability is necessary, but criminal responsibility must be established through evidence linking individuals to specific offences.

Court urged to decide case on evidence

The trial involves Adu-Boahene, his co-accused and Advantage Solutions Limited in proceedings connected to the alleged diversion and expenditure of GH¢49.1 million in state funds. The accused persons have challenged whether the prosecution has presented sufficient evidence for them to be required to open their defence.

Odei-Appiah said the coalition was not calling for either a conviction or an acquittal. Its position, he said, was that the proceedings must uphold due process, judicial independence and equal treatment under the law.

The court is expected to hear the application challenging the prosecution’s submissions on October 29, ahead of a scheduled November 5 ruling on the substantive no-case-to-answer submission.