NSB trial: Advantage Solutions was not a criminal enterprise — prosecution witness tells court
A former Director of Advantage Solutions Limited (ASL), Mildred Donkor, has told the High Court hearing the National Signals Bureau (NSB) trial that the company at the centre of the prosecution’s case was not engaged in criminal activity.
The prosecution has alleged that ASL was used as a holding company to receive and launder state funds allegedly diverted from a government software procurement deal involving former NSB Director-General Kwabena Adu-Boahene and his wife.
The accused persons are standing trial over allegations that GH¢49 million earmarked for the purchase of software for the state was channelled through ASL and redirected into private investments.
Witness defends company operations
During cross-examination by defence counsel Samuel Atta Akyea, Ms Donkor, who was initially charged alongside the accused persons before being turned into a prosecution witness, described ASL’s operations as legitimate business activities.
She confirmed that employees of ASL and its subsidiaries, including Vertex Properties, received their salaries regularly through the company.
The witness also told the court that the company consistently paid SSNIT contributions and Tier 2 and Tier 3 pension contributions for staff through pension fund manager Petra.
According to her, she personally prepared Excel sheets to facilitate pension payments and received receipts bearing her name after payments were processed.
Ms Donkor further acknowledged that ASL paid service providers and contractors engaged on projects for Vertex Properties.
When Mr Atta Akyea suggested that her role in processing salaries, pensions and vendor payments was not criminal, she agreed, responding: “No, it was not criminal.”
Court rejects email evidence
The hearing also saw the court reject an attempt by the defence to tender email exchanges between the witness and Petra relating to pension payments.
Deputy Attorney-General Dr Justice Srem-Sai objected to the admissibility of the emails, arguing that the correspondence occurred in 2024, nearly four years after the transactions forming the basis of the charges before the court.
“There is no obvious connection between this communication in email and issues contained in the email and the issue before this Honourable court. We pray that the document be rejected,” he submitted.
The defence argued that the emails were relevant because the prosecution had portrayed ASL in its charge sheet as an entity used to “run an elaborate criminal enterprise”. Counsel maintained that the documents would demonstrate that ASL operated as a legitimate business.
However, Justice Francis Achibonga upheld the prosecution’s objection.
“I fail to see how email communication between the witness who was a Director of ASL and communicated with Petra in that capacity, will assist the court in determining the guilt or otherwise of the accused persons,” the judge ruled.
“The charges levelled against the accused persons are in respect of conduct in the year 2020 and this email correspondence are from August 2024.”
“To that extent, I am clear in my mind that even if it is established that the Tier 2 pension payments of employees subject matter of email communication were to be admitted, I do not see how that will relate to the charges against the accused persons,” Justice Achibonga added.
Background to the case
Kwabena Adu-Boahene and his wife, Adjei-Boateng, have been accused of diverting GH¢49 million intended for the procurement of state software into private companies linked to ASL.
Adu-Boahene has pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, using public office for personal gain and obtaining public property by false pretences.
His wife faces charges of collaboration to use public office for personal gain, conspiracy to launder money and money laundering.
Both accused persons are currently on bail as the trial continues.
