It is not a treasonable offence to reveal state secret – Kpebu

Private Legal Practitioner, Martin Kpebu has explained that revealing state secret which could be of public interest is not a treasonable offence.

Martin Kpebu said no where in Ghana’s constitution does this act amount to treason although per the Securities and Intelligence Act 1030, disclosing state secret is punishable with a minimum of five years in prison.

According to him, treason offence per the constitution only relates to an attempt by an individual or group to overthrow government.

“It is certainly not Ghanaian law that it is treasonable to reveal state secret. For our constitution if you talk about treason and high treason, article 3 of the constitution section 180 of the Criminal Offences Act ongoing.

“When you define treason, just revealing this type of secret is not…These ones don’t qualify at all on the face of our law it is not treason,” he stated.

Speaking on TV3 New Day’s Big Issue, May 14, 2025, he said: “There is a number of years imprisonment in the Act 1030 of the Securities and Intelligences Agencies Act and the National Signals Bureau Act, about five years or so.”

The legal practitioner was commenting about the Adu-Boahene case who has been accused of diverting state funds into his personal account.

In a move to propagate his innocence, Adu-Boahene in a letter, dated May 5, 2025, and addressed to the National Security Coordinator, Adu-Boahene reiterated his denial of misappropriating funds, asserting that a substantial portion of the Special Operations budget – specifically GHS 960,000 – was allocated to cover allowances for MPs serving on the crucial Defence and Interior Committee.

Referencing specific entries in what appears to be a log of Special Operations expenditure, Adu-Boahene highlighted allocations for “Election Special Ops – Logistics” amounting to GHS 5,135,000 in December 2024, aimed at ensuring the “Stability of Nation/National Cohesion/Political impartiality,” with a “Special Aide to President Elect” listed.

Another entry detailed GHS 520,000 spent on “Human Security Ops – Generators” in 2024 for “Human Security Intervention,” overseen by the “National Security Coordinator.”

However, Martin Kpebu argued that despite the fact that revealing state secret is an offense, one is not prevented from disclosing state secret.

He noted that in instances where public interest is paramount, it is advisable to reveal state secret.

“The fact that it may be an offense is no bar for Adu-Boahene to reveal. Where the public interest will be better served, yes, you can do it.

“Where the state is misusing our money, you have a duty to protect public purse and any good state will not prosecute you for that,” he explained.

Adu-Boahene suggests these expenditures were legitimate and within the purview of Special Operations.

The post It is not a treasonable offence to reveal state secret – Kpebu first appeared on 3News.

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