Accused Mildred Donkor discharged to become State witness in Adu-Boahene trial

The state has discharged one of the accused persons in the trial in which the immediate past Director-General of the National Signals Bureau (NSB), Kwabena Adu-Boahene and his wife, allegedly conspired with another person to move GH¢49 million stolen state funds for their personal benefit.

Through the prayer of the Attorney-General’s Office, the Accra High Court discharged Mildred Donkor, the female Director of Advantage Solutions Limited, the company Adu-Boahene allegedly used to move the GH¢49 million allegedly stolen in a deal to purchase software for the country for the purpose of buying landed properties, among other properties in Accra, Kumasi and London.

Donkor was charged with conspiracy to launder money and money laundering.

In court yesterday, the Deputy Attorney-General, Dr Justice Srem-Sai, through a notice of withdrawal, dropped all charges against Donkor.

This was done in pursuance of Section 59 of the Criminal Procedure Code 1930 (Act 30), which gives the Attorney-General the mandate and discretion to withdraw an accused person from prosecution.

Subsequently, the Attorney-General filed witness statements of  Mildred Donkor, who will now testify for the prosecution, to firm up the A-G’s case against Adu-Boahene and his wife, Angela Adjei Boateng. 

Objection

Before discharging Donkor, counsel for Adu-Boahene, Samuel Atta Akyea, had raised an objection to the mode in which the Deputy A-G withdrew the charge against Donkor.

He contended that, considering the offences which had been levelled against Donkor, the Deputy A-G ought to have withdrawn the charges through a motion for the court to make a determination instead of a notice of withdrawal.  

However, the presiding judge, Justice John Nyadu Nyante, overruled the objection, stating that the Attorney General, who is constitutionally mandated to prosecute cases, did not require the consent of the court to exercise his discretion to withdraw.

“And to do so, in the opinion of this court, a notice of withdrawal suffices.

“Regarding the amendment consequent to the withdrawal, this court is inclined to think that the A-G has thoroughly perused the processes filed and knows what to have struck out within the processes in conformity with his decision to withdraw the third accused person from prosecution,” the presiding judge stated in his bench ruling on the objection raised by Mr Akyea. 

Charges

Adu-Boahene and Adjei-Boateng have been accused of moving GH¢49 million, meant for purchasing the software for the state, into their private company through a complex web of companies ultimately owned by ASL.

Adu-Boahene has pleaded not guilty to defrauding by false pretences, one count of wilfully causing financial loss to the state, one count of using public office for personal gain, and one count of obtaining public property by false pretences, while his wife has been charged with collaboration to use public office for personal gain, conspiracy to launder money and money laundering.

They have both been admitted to bail by the trial court.