The presiding judge in the ongoing trial of Republic v Kwabena Adu-Boahene and Others, Justice Francis Apangabuno Achibonga, has cautioned the prosecution against conduct that could be perceived as suggesting answers or influencing a witness during cross-examination.
The caution was directed at Deputy Attorney General Justice Srem Sai during proceedings in which the second prosecution witness, Edith Ruby Opokua Adumuah, was being cross-examined by counsel for the accused, Samuel Atta Akyea, on Thursday, April 2, 2026, at Criminal Court 3 of the Accra High Court.
While measured in tone, the caution highlighted an important principle of courtroom procedure. The judge reminded the Deputy Attorney General that objections are permissible during cross-examination but must not be used to suggest answers or influence the direction of a witness’s testimony.
The court emphasised that any attempt to influence a witness’s response is improper and can undermine the fairness of cross-examination, which remains a key tool for testing the credibility and consistency of evidence.
The court also noted its authority to intervene where necessary to safeguard the independence of witness testimony, ensuring that objections are raised based on law and not as a means of guiding answers.
It was also observed that the Deputy Attorney-General arrived late for today’s proceedings and addressed the presiding judge without the required legal gown and wig. While this is not illegal, it is considered improper and contrary to established courtroom practice. At one point, the presiding judge appeared to subtly check the Deputy AG’s conduct, repeatedly instructing him to “resume your seat, resume your seat, resume your seat” when the Deputy AG attempted to make an objection.
Legal provisions in Ghana support this position. Under Article 19(1) and (2)(g) of the 1992 Constitution, every person charged with a criminal offence is entitled to a fair hearing, including the right to examine and cross-examine witnesses on the same conditions as the prosecution. Rule 52(1)(d) of the Criminal Procedure Rules, 2021, empowers the court to control the examination or cross-examination of witnesses to ensure proper conduct. Sections 51 and 52 of the Evidence Act allow the court to admit or exclude evidence in the interests of justice, including where testimony may be influenced. Lawyers are also bound by the Ghana Bar Association Rules of Professional Conduct to act honestly and fairly, and to avoid suggesting answers or directing witness testimony.
The case has been adjourned to 16th April 2026 at 12:00 pm, 20th April 2026 at 10:00 am, and 21st April 2026 at 12:00 pm for the continuation of cross-examination.
*What transpired during cross-examination*
Atta Akyea: You have informed this court that, with respect to the existence of Special Operations Accounts, you only know those that you have clearance to know.
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: Madam, so you know about the National Security Coordinator’s Special Operations Account with Fidelity Bank because it was brought to your attention?
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: It is your admission that EOCO told you that the account you used as the BNC Operations Account at the Universal Merchant Bank (UMB) was a private account.
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord. The account I knew was the Special Operations Account with Fidelity Bank….. And I was asked to write three (3) cheques for the BNC Account.
Atta Akyea: In your testimonies of 7th October, 2025 and 10th December, 2025, you explained to this court that prior to your interaction with EOCO, you believed that the BNC Operations Account at the Universal Merchant Bank (UMB) was a Special Operations Account.
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: Even though you do not have clearance to know all Special Operations Accounts, you were aware of the existence of a Special Operations Account with the Universal Merchant Bank (UMB).
Prosecution witness Edith Ruby Opokua Adumuah: No, …..
Atta Akyea: It is the very BNC Operations Account at Universal Merchant Bank (UMB) into which you personally deposited two separate cheques of GHC1 million and GHC21 million. Is that not so?
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord. But in the first instance, after writing the cheque, I was given an account number, and it was through that that I completed the deposit and handed it over to the ……
Atta Akyea: What was the first instance?
Prosecution witness Edith Ruby Opokua Adumuah: GHC 27,100,000.
Atta Akyea: You wrote a first cheque of GHC27,100,000, and another National Security operative deposited it in the UMB Bank.
Prosecution witness Edith Ruby Opokua Adumuah: My Lord, I wrote the cheque of GHC27,100,000, but I do not know who deposited it.
Atta Akyea: Kindly show the witness this document.
Prosecution witness Edith Ruby Opokua Adumuah: It looks like a cheque from Fidelity Bank……….
Atta Akyea: My Lord, I would like to tender this document.
Judge: The cheque is already in evidence, so it cannot be tendered.
Atta Akyea: Madam, have a look at this document. What do you see?
Prosecution witness Edith Ruby Opokua Adumuah: It looks like deposit slips from the Universal Merchant Bank (UMB). The first one, dated 18th March 2020, was for GHC1 million, and the second one, dated 30th March 2020, was for a total of GHC21 million.
Atta Akyea: And these are the paying-in slips evidencing the two cheques deposited in the UMB Bank?
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: I want to tender this document.
Judge: Deposit slips for Universal Merchant Bank (UMB) dated 18th March 2020 and 30th March 2020 are admitted in evidence.
Atta Akyea: Can you confirm the account number on the paying-in slips?
Prosecution witness Edith Ruby Opokua Adumuah: 0241424233018.
Atta Akyea: So, would you move from your earlier perception that “it looks like” to “these are the paying-in slips”?
Prosecution witness Edith Ruby Opokua Adumuah: My Lord….
Atta Akyea: The two cheques you paid in by these paying-in slips could obviously be reflected in the bank statement of the UMB Bank.
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: Turn to the document. What is the document in your hands?
Prosecution witness Edith Ruby Opokua Adumuah: It looks like a bank statement from UMB Bank.
Atta Akyea: It bears the same paying-in slips as Exhibit 9 and Exhibit 10.
Deputy AG: Objection…..
Atta Akyea: The witness never said she did not have personal knowledge of the Attorney General’s disclosure. The foundation has been laid by PW2 that she issued two cheques into this very account, and this Honourable Court has already admitted Exhibit 9 and Exhibit 10 into evidence. The witness makes admission that on the strength of Exhibit 9 and Exhibit 10,…….. The relevance of what she is holding will tidy up the evidence and ensure coherence…. Sections 51 and 52 give you the power to admit relevant evidence. My Lord, on this basis, the objection should be overruled.
Judge: Objection is upheld.
Atta Akyea: The payee on both cheques lodged through Exhibit 9 and Exhibit 10 was BNC Operations. Is that not so?
Deputy AG: Objection. The question has already been answered by the witness.
Atta Akyea: Madam, this is a different question from the account on the deposit slips. Is that so?
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord. I wrote the account name on the depositor’s slips.
Atta Akyea: In preparing the three (3) cheques totalling GHC49.1 million for the National Security Coordinator’s signature, you did not raise any concerns to him about the cheques?
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord.
Atta Akyea: Madam, upon arrival at UMB Bank on the two separate occasions, did the bank raise any suspicions about these cheques?
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord.
Atta Akyea: Did the bank raise any concerns about the account number?
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord.
Atta Akyea: As Head of Finance of BNC at that time, apart from this UMB Bank account, do you know any other account with the name “BNC Operations” belonging to the Bureau?
Prosecution witness Edith Ruby Opokua Adumuah: No, my Lord.
Atta Akyea: I put it to you that both the National Security Coordinator, in writing out the cheques, and UMB Bank, in receiving them for deposit, were referring to account number 0241424233018.
Atta Akyea: Are you attempting to inform this court that the National Security Coordinator and yourself did not know the account number into which you were paying these sums?
Prosecution witness Edith Ruby Opokua Adumuah: No, I cannot speak on behalf of the National Security Coordinator……
Atta Akyea: So, you knew the account number into which you were paying the cheques?
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord.
Atta Akyea: Madam, you made a withdrawal on 6th January 2021 from this same account into which you paid the cheques.
Prosecution witness Edith Ruby Opokua Adumuah: My Lord, I mentioned earlier that I used to go to UMB Bank to pay money on behalf of my boss, Kwabena Adu-Boahene (A1).
Atta Akyea: On this same UMB Bank account, you withdrew monies on 18th December 2020, 18th August 2020, 8th July 2020, 29th June 2020, 24th June 2020, 19th February 2021, and several other dates?
Prosecution witness Edith Ruby Opokua Adumuah: My Lord, as I mentioned earlier, I used to go to UMB Bank to pay money on behalf of my boss, Kwabena Adu-Boahene (A1)…… And the UMB Bank Relations Officer assisted with the withdrawals.
Atta Akyea: Madam, all these withdrawals you made were for National Security Special Operations expenditure.
Prosecution witness Edith Ruby Opokua Adumuah: My Lord, I do not know.
Atta Akyea: Your phone number is ××××××××××. Is that not so?
Prosecution witness Edith Ruby Opokua Adumuah: Yes, my Lord, it is ××××××××××.
Atta Akyea: Madam, in the course of your work with Kwabena Adu-Boahene (A1), you engaged in numerous WhatsApp chats concerning National Security expenditure. Is that not so?
Prosecution witness Edith Ruby Opokua Adumuah: My Lord, I cannot remember.
Judge: Case adjourned to 16th April 2026 at 12pm, 20th April 2026 at 10:00am, and 21st April 2026 at 12pm for continuation of cross-examination.
