High Court revises Adu-Boahene’s bail conditions to GH¢80 million

An Accra High Court has varied the police inquiry bail conditions granted to the immediate past Director-General of the National Signals Bureau (NSB), formerly the Bureau of National Communications (BNC), Kwabena Adu-Boahene, and his wife, Angela Adjei-Boateng, who are being held on suspicion of causing financial loss to the state.

The Criminal Division of the High Court, presided over by Justice Ruby Aryeetey, reduced Mr Adu-Boahene’s police inquiry bail from GH¢120 million to GH¢80 million, with two sureties, one of whom must justify.

His wife's GH¢80 million bail bond was maintained, but the new conditions now require two sureties with no justification.

Additionally, the couple must report to the Economic and Organised Crime Office (EOCO) twice a week for the next three weeks and are prohibited from travelling without express permission from EOCO.

The review followed an application by the couple’s legal counsel, Samuel Atta Akyea, who moved the motion before the court today.

Suspects

The two, who are in custody, have been accused of diverting GH¢39.46 million into their private company in a $7 million deal to purchase cyber-defence software for the state.

While Mr Boahene was granted a police inquiry bail in the sum of GH¢120 m to be justified, his wife was admitted to bail in the sum of GH¢ 80m. However, they could not meet the bail conditions, prompting their lawyer to file the motion for review.  

When the case was called yesterday, the Deputy Attorney-General (A-G) and Minister of Justice, Dr Justice Srem-Sai, raised a preliminary objection to the motion, which was titled, “Application for bail pending investigations”.

The deputy A-G was of the view that the motion sought to suggest that the suspects had not been granted bail, which was not the case; hence, a need for counsel for the prosecution to indicate that it was rather a review application.

“We are amenable if my learned friend on the other side would indicate that the motion, notwithstanding the title, is an application for a review of the motion on the bail conditions,” Dr Srem stated.

Counsel for the applicants said that where the state investigators imposed what he described as burdensome bail conditions on a suspect, the right forum was the court.

“The suspect’s recourse is to come to a court of competent jurisdiction that will determine the reasonableness or otherwise of the condition.

“Where the 48-hour threshold of keeping a suspect had passed, the application should not seek to review what they (A-G) claim is their condition because the liberty of the individual is with the judge, and not with them,” counsel argued.

However, in a bench ruling, Justice Aryeetey, said by the title of the suit, the court was inclined to limit itself to a review, automatically mutating the motion for bail into a review of the bail already granted the duo by the A-G and the Economic and Organised Crime Office (EOCO).

Review application

Moving the motion for review, Mr Akyea submitted that documents presented by the A-G’s team indicated that his clients were “overpropertied” and, therefore, deserved a self-recognisance bail.

Counsel said the document contained a 27-unit bedroom apartment, adding, “What they’ve brought to you is an indication that bail should be self-recognisance

“Please review the respondents' onerous terms in favour of the applicants who are overpropertied because of what they already have,” counsel submitted.

Citing several case laws to buttress his argument, he said it was important for the court to uphold the suspects’ right to ensure that the state did not use bail as an instrument to punish suspects. 

“I crave your indulgence to give favourable conditions and not theirs by way of review so I can have the benefit of consulting my clients in the strictest of confidentiality, a privilege,” the counsel added. 

Opposed

Opposing the bail conditions, Dr Srem-Sai said in bail matters, the suspects’ properties would not matter since it was different individuals who would stand as sureties for them.

He added that the suspects had multiple passports and if given bail, they could abscond.

He further argued that Mr Adu-Boahene’s wife attempted to destroy evidence by carting suspected currency bills into suitcases the night before she was told about the arrest of her husband.

Upon hearing both sides, the judge reviewed the bail conditions. 

Write’s Email: justice.agbenorsi@graphic.com.gh