NSB Boss Trial: Court orders CID to produce information on BMW 740D 

The General Jurisdiction of the Accra High Court, presided over by Justice John Nyadu Nyante, has directed the Criminal Investigation Department (CID) of the Ghana Police Service to produce all relevant information in their possession regarding a BMW 740D with chassis number J020CM11428.

This order pertains to ongoing criminal proceedings against Kwabena Adu-Boahene, former Director of the National Signals Bureau (NSB) and three others over allegations of financial impropriety and vehicle theft.

The directive follows the court’s dismissal of a motion filed by defence lawyers led by Samuel Atta Akyea.

The motion had sought a disclosure order against the Attorney General’s office for five categories of documents, including a bill of lading and any police dockets related to an allegedly stolen BMW vehicle linked to Mr. Adu-Boahene.

Justice Nyante ruled that while items i to iii listed in the defence motion  including port entry documents and customs information had already been addressed through disclosures in a supplementary prosecution witness statement by Frank Cromwell, the request for information held exclusively by the Police CID warranted further action.

As a result, the judge ordered the CID to deliver directly to the defence all materials in their possession related to the said BMW to ensure a fair trial.

Key Accused and Allegations

Mr Adu-Boahene (A1), his wife Angela Adjei Boateng (A2), Mildred Donkor (A3), and Advantage Solutions System (A4) are jointly standing trial for allegedly conspiring to embezzle GH¢49.1 million from the NSB through fraudulent transactions and unauthorised vehicle imports.

The state, represented by Deputy Attorney-General Dr. Justice Srem Sai, argued that the first accused imported a stolen vehicle from Germany, failed to declare assets, and participated in broader financial misconduct.

The prosecution relies on a customs declaration form that names Adu-Boahene as both the exporter and importer of the car, suggesting he cleared the vehicle at the port with his own documentation, including his tax identification number.

Lead defence counsel Atta Akyea, however, contended that the prosecution’s supplementary witness statement, which includes an extract from a CID database unfairly implies Mr. Adu-Boahene’s involvement in criminal conduct without providing exculpatory evidence.

He urged the court to compel the disclosure of the full police docket and related documents, such as the bill of lading, to trace the actual ownership and import process of the vehicle in question.

“The relevance of what we have asked for is tied directly to the prosecution’s own witness statement. Without the bill of lading and the full CID records, the accused are left vulnerable to unfair inference,” Akyea argued.

Dr. Srem Sai, however, rejected the motion, claiming it was based on a “misapprehension of the law.” He maintained that the documents requested were either already disclosed or not in the possession of the Attorney General or law enforcement.

“The bill of lading is with the importer – the accused. The Attorney General cannot disclose what it does not have,” he said.

 

He further criticized defence counsel for consistently casting aspersions on the integrity of the Attorney General’s office, warning that such conduct, especially in the media, risks undermining the judicial process.

Legal Representation Shifts

In a separate development during the hearing, counsel Nutifafa Nutsukpui appeared for A3, Mildred Donkor, replacing Atta Akyea. Nutsukpui requested access to all previously filed applications and responses.

The court rejected this request, ruling that Donkor, being literate and previously present in court, should have updated her newly engaged counsel.

Final Ruling and Adjournment

Delivering the bench ruling, Justice Nyante emphasised the court’s obligation to ensure a fair trial through balanced disclosure. He refused the motion in part, but upheld the defence’s right to receive pertinent vehicle-related information from the police.

“This court is of the opinion that the information sought, especially in paragraphs i to iii, have been adequately addressed…

“In respect of item iv, I will refuse the instant application but make an order directed at the Police Service to deliver to the defence directly all information in their possession,” the judge stated.

The case has been adjourned to today, July 31, 2025, for the hearing of another pending motion.

 

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