Accra: The Supreme Court has, in a unanimous decision, dismissed an application to remove the trial judge in the Kwabena Adu Boahene criminal trial on grounds of bias. The 5-member panel, presided over by Justice Avril Lovelace Johnson, unanimously dismissed the application, indicating that it lacked merit. The Court also held that the application did not meet the required threshold for the prohibition of the trial judge.
According to Ghana News Agency, the former National Signals Bureau Director, through his lawyers, applied to prohibit Justice Eugene Nyadu Nyantei, the High Court Judge, from presiding over his criminal trial, citing alleged bias on his part. Mr Samuel Atta Akyea, who led the defense for Adu-Boahene, argued on the grounds of allegations that the trial judge blocked the disclosure of exculpatory evidence. He claimed the judge took special interest in the matter by hearing the trial from 9 am to 4 pm and allowing the Attorney-General to decide the timelines of his decisions.
Dr Justice Srem-Sai, the Deputy Attorney-General, argued that the defense lawyers had misunderstood the facts of the case and were misinforming the Court. He stated, "There is substantial misapplication of the facts of the case, the procedure, and the law." The Deputy Attorney-General said they disclosed all the relevant portions of the accused person's bank statement; no pages were removed from the statement, adding that the defense lawyer was peddling falsehood. He therefore prayed to the court to dismiss the application.
Meanwhile, the High Court has adjourned the substantive case to October 30, 2025, for continuation. The accused person, together with his wife and two others, is facing 11 charges, including stealing, money laundering of GHS49.1 million in State funds, willfully causing financial loss to the State, conspiracy, collaboration to commit crime, and abuse of public office, all of which they pleaded not guilty.
Adu-Boahene was granted a GH?80million bail, with two sureties, one to be justified, while his wife also remains on her existing bail terms. Mildred Donkor, an accused person and a former banker, now serves as a prosecution (state) witness.
