Kwesi Botchway Jnr Esq, a private legal practitioner and a member of the New Patriotic Party’s (NPP) communication team, has taken exception to the conduct of Attorney General and Minister for Justice, Dr Dominic Ayine, describing the ongoing trial of Kwabena Adu Boahene, a former Director-General of the National Signals Bureau (NSB), as unlawful and improper in the media space.
Speaking in an interview on Asempa FM’s Ekosiisen, Botchway expressed concern over what he sees as an inappropriate public prosecution being waged against Adu Boahene through the media, rather than through the appropriate legal channels.
“The Attorney General’s focus should be on prosecuting matters in court, not in the media. The Attorney General is fundamentally an officer of the court, whose duty is to aid the judiciary in administering justice by presenting evidence gathered through proper investigative procedures. What we are witnessing now is quite the opposite,” he stated.
He contended that the current posture of Dr Ayine departs from this essential role, accusing the Attorney General of overstepping his mandate by prematurely casting judgment in the public domain.
“The Attorney General is no longer acting as an impartial officer of the court. Instead, he seems to have taken on the role of an inquisitor—conducting his own investigations, drawing his own conclusions, and now seeking to foist those conclusions on the court,” the lawyer stated.
Botchway cautioned that such conduct not only risks prejudicing the outcome of the case but also undermines public trust in the judicial process.
He added that, should the court ultimately rule in favor of Adu Boahene, there is a likelihood that blame would be unfairly placed on the judiciary, particularly judges perceived to be sympathetic to the NPP.
“The danger here is that if the Attorney-General fails to secure a conviction, we may soon hear accusations that an ‘NPP judge’ was responsible for acquitting the accused,” he cautioned.
While acknowledging that media attention on legal matters can help inform the public, Botchway maintained that the primary focus should remain on ensuring a fair trial within the confines of the law.
“It is not wrong to have public discourse around ongoing cases, but when the Attorney General himself becomes a front-runner in the media trial, it completely defeats the ends of justice,” he emphasised.
Botchway stressed that justice must be pursued within the confines of the courtroom, not through public discourse or media sensationalism.
“Justice must be served in the courtroom, not in the court of public opinion. It is only a matter of time, and innocence will be proven. We must tread cautiously when dealing with matters of law,” he said.
Botchway further warned against allowing emotions and political biases to overshadow the rule of law. He noted that while public interest in high-profile cases was understandable, legal standards needed to remain paramount. “It is the law over emotions and political biases anyway. Vindication is in the womb of time,” he added.
Meanwhile, Kwabena Adu Boahene has been remanded by the Accra High Court into the custody of the Economic and Organised Crime Office (EOCO) for seven days.
The court stated that Kwabena Adu Boahene’s remand is to allow the Attorney General’s office sufficient time to complete the preparation of witness statements for the case.
The case has subsequently been adjourned, and Kwabena Adu Boahene is expected to reappear in court on May 13, 2025, for further directions from the court.
Further reports indicate that counsel for the accused, Samuel Atta Akyea, requested the court to maintain the existing bail conditions for all the accused persons.
However, the Attorney General opposed this request specifically in relation to the first accused, Kwabena Adu Boahene, arguing that he had interfered with potential prosecution witnesses, grounds he deemed sufficient to warrant remand.
After hearing submissions from both the Attorney General and the legal counsel for the accused, the judge ruled that Kwabena Adu Boahene be held in custody for seven days, excluding weekends. This decision was made despite pleas from the defense counsel for the court to include weekends within the remand period.
Kwabena Adu Boahene has officially been charged with 11 counts of stealing, including the alleged transfer of GH¢49 million (approximately $7 million) from the bureau’s account to his personal account, among other offenses.
The suit, which was filed at the High Court in Accra, also had three other accused persons, including the wife of Adu Boahene, Angela Adjei Boateng; his company, Advantage Solutions Limited; and a banker, Mildred Donkor.
The charges filed against the accused persons included: stealing, contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29); conspiracy to steal, contrary to Sections 23(1) and 124(1) of the Criminal Offences Act, 1960; and defrauding by false pretences, contrary to Section 131(1) of the Criminal Offences Act, 1960 (Act 29).
Some of the other charges against them are: wilfully causing financial loss to the state, contrary to Section 179A(3)(a) of the Criminal Offences Act, 1960 (Act 29); using public office for profit, contrary to Section 179C(a) of the Criminal Offences Act, 1960 (Act 29); and collaboration to commit a crime, to wit, using public office for profit, contrary to Section 179C(b) of the Criminal Offences Act, 1960 (Act 29).
AM/GA
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