The High Court hearing the cyber security software case involving former National Signals Bureau Director-General Kwabena Adu-Boahene and two others has adjourned to Thursday, October 29, 2026, to hear an application by the defence seeking to strike out portions of the prosecution’s written submissions on the accused persons’ submission of no case.
The application, filed by the defence team led by lawyer Samuel Atta Akyea, challenges portions of the State’s written submissions which the defence claims contain references to statements and facts that are not reflected in the official court record.
Before the motion was formally moved, presiding judge Justice Achibonga questioned the relevance of the application, indicating that the court would rely on the official record of proceedings in reaching its decision rather than on the lawyers’ written submissions, which are intended to assist the court on points of law.
The judge observed that even if the written submissions contained erroneous references to the record, the court would consult the actual proceedings when assessing the evidence. He also suggested that the dispute appeared to concern the interpretation of testimony rather than the testimony itself.
Mr Atta Akyea, however, maintained that the disputed passages amounted to serious misattributions and raised concerns about professional misconduct. Justice Achibonga responded that the court was not being called upon to determine allegations of professional misconduct.
The judge also questioned the legal basis of the application. Mr Atta Akyea explained that the defence was invoking the court’s inherent jurisdiction, but Justice Achibonga noted that this basis should have been clearly stated on the face of the motion paper.
The prosecution has indicated that it will oppose the application on points of law.
The court adjourned the matter to Thursday, October 29, at 10 a.m., after it emerged that the relevant proceedings were not readily available to the court on the day. The application is expected to be heard and determined before the substantive case proceeds further.
Story by Freedom Etsey Lavoe