Appiah-Kubi warns AG against prejudicing court in $7M cyber fraud case

Legal practitioner Andy Appiah-Kubi has taken issue with Attorney General Dr. Dominic Ayine for publicly disclosing evidence in an ongoing $7 million cybersecurity fraud case involving former National Signals Bureau (NSB) Director-General, Kwabena Adu-Boahene.

Speaking on TV3’s Big Issues on Tuesday, March 25, Appiah-Kubi questioned the Attorney General’s decision to reveal details of the case before court proceedings, warning that such actions could undermine judicial integrity and the rights of the accused.

During a press briefing on Monday, March 24, Dr. Ayine alleged that Adu-Boahene mismanaged funds allocated for a national cyber defence project. The contract, signed on January 30, 2020, with Israeli firm RLC Holdings Limited, was intended to enhance Ghana’s capacity to detect and prevent cyber threats.

The Attorney General claimed that days after the contract was signed, Adu-Boahene allegedly transferred GH¢27.1 million from the NSB’s account at Fidelity Bank to a private account at Universal Merchant Bank (UMB). The funds, intended for the cyber defence system, were reportedly diverted to a private company linked to the accused.

Appiah-Kubi argued that discussing evidence in the media before presenting it in court could compromise due process.

"I have yet to see a situation where evidence is made public before being presented before a court of competent jurisdiction," he said.

While acknowledging the need for transparency, he cautioned that such disclosures could infringe on the accused’s rights.

"The Attorney General should limit his comments to the charges and those involved. Bringing out evidence before it is tendered in court is not the right approach," he added.

Dr. Ayine, however, defended his actions, stating that his remarks were necessary to counter what he described as a "misleading narrative" in the media.

The Attorney General’s comments have sparked debate. While some argue that transparency is essential in high-profile cases, critics warn that such disclosures could undermine judicial integrity.

Appiah-Kubi also criticised Ghana’s approach to law enforcement, arguing that suspects are often arrested before thorough investigations are conducted.

"In other jurisdictions, investigators monitor suspects over time to gather sufficient evidence before making an arrest. In Ghana, allegations often lead to immediate arrests, which is not what the law calls for," he stated.

On the same programme, Fred Agbenyo, Member of Parliament for Guan, defended the Attorney General’s decision to disclose details of Adu-Boahene’s arrest.

He stated that the press briefing was necessary to keep the public informed about corruption-related investigations.

"We cannot blame the Attorney General for putting these facts out. If you sit where he sits, with the pressure coming from the public, chiefs, and various stakeholders demanding accountability, you would understand the need for transparency," he said.

Agbenyo noted that corruption in Ghana has long been a matter of public concern, and citizens deserve to know what is being done to address it.

"Before the elections, there was widespread perception—and now growing evidence—of massive corruption in the country. People have been calling for action, and the government is responding," he added.

The MP stressed that individuals in public office should always be prepared to account for their actions.

"Once you take public office, you must remind yourself that a day of accountability will come. That is why we must be guided in the decisions we make," he remarked.

He further stated that corruption has cost Ghana significantly, asserting that funds allegedly misused by a few individuals could have been used to develop critical infrastructure, including roads, schools, and healthcare facilities.

"Look at the amount of money being mentioned—funds that, if channelled properly, could transform our communities," he said.

While critics argue that the Attorney General’s press conference could prejudice the case, Agbenyo dismissed those concerns, stating that the Attorney General merely presented facts and did not declare anyone guilty.

"The only entity that can pronounce someone guilty is the court. The Attorney General is simply informing Ghanaians about the progress of the investigation," he clarified.

He insisted that Ghanaians have a right to know the status of such investigations, particularly when public funds are involved.

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