Lawyers for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene are challenging the ruling and indicating that they will appeal the decision delivered by the Accra High Court on Thursday, November 12, 2026, in the GH¢49.1 million cyber-defense procurement case.
The decision, delivered by the presiding judge, Justice Francis Apangabuno Achibonga, saw the court uphold the accused persons’ submission of no case to answer on two of the 11 charges, ordering their acquittal and discharge on those counts.
However, the defence led by Samuel Atta Akyea is dissatisfied with the court’s decision to require the accused persons to open their defence on the remaining charges, maintaining that the prosecution failed to establish a case warranting answers from the accused persons.
The two charges on which the court upheld the submission of no case to answer are Count Five, Defrauding by False Pretences, and Count Nine, Obtaining Public Property by False Statements.
On Count Five, Kwabena Adu-Boahene was charged with causing the Government of Ghana to part with approximately GH¢49.1 million through an alleged false representation that the money was intended for the procurement of a cybersecurity system.
The court upheld the submission of no case to answer on this charge and acquitted and discharged the accused persons.
Similarly, on Count Nine, which accused Adu-Boahene of obtaining public property through false statements in connection with the alleged GH¢49.1 million cybersecurity transaction, the court again upheld the defence’s submission of no case to answer and acquitted and discharged the accused persons.
The two decisions represent a significant development in the prosecution’s case, which centres on allegations surrounding funds earmarked for the procurement of a US$7 million cyber-defence system for the state.
Despite the partial success, the defence maintains that the court ought to have gone further by upholding the submission of no case to answer on all 11 counts.
The defence’s position is that the prosecution’s evidence, having been subjected to examination and cross-examination, did not establish a sufficient case against the accused persons to warrant them being called upon to open their defence.
The lawyers are therefore challenging the adverse aspects of the ruling, particularly the decision to allow the trial to proceed on the remaining nine counts.
Those charges are three counts of stealing (Counts One, Two and Three), conspiracy to steal (Count Four), wilfully causing financial loss to the state (Count Six), using public office for profit (Count Seven), collaboration to commit a crime (Count Eight), money laundering (Count Ten), and conspiracy to commit money laundering (Count Eleven).
The defence’s intended appeal will seek to challenge the basis upon which the court declined to uphold the no-case submission on those remaining charges.
Following the ruling, Justice Achibonga granted lead counsel for the accused persons three weeks to file witness statements, should the defence wish to call witnesses.
The deadline for filing the witness statements is December 4, 2026. The case has consequently been adjourned to December 10, 2026, at 9:30 a.m., when the accused persons are expected to proceed with the next stage of the trial.
