Lead counsel for the embattled former National Signals Bureau (NSB) boss, Samuel Atta Akyea, has launched a scathing critique of the Attorney General’s decision to withdraw charges against the third accused person in the ongoing GHS49 million theft trial, describing the move as a clear sign of prosecutorial weakness.
Speaking onCiti Eyewitness Newson Friday, October 17, Mr. Atta Akyea said the decision to turn Mildred Donkor, a former accused, into a prosecution witness exposes what he called “the lopsided nature” of the Attorney General’s case.
“They came back trying to find the evidence to firm up the charges in court. What is worst, a lady now is the prosecution witness—an accused person, you know that somersault should inform every well-meaning person that the prosecution is struggling. Because I don’t see how ab initio you won’t understand who you’re charging. You charge a woman, the trial has started—the woman is listening to the proceedings for you to just come and say that the woman that I believe is criminal should now be a witness for me. Pathetic!”
Earlier, the High Court in Accra dismissed an objection raised by Mr. Atta Akyea challenging the Attorney General’s notice of withdrawal. He had argued that such a decision should be made through a formal motion, not by a simple notice, given the weight of the amendments being sought in the case.
However, presiding judge Justice John Nyadu Nyante overruled the objection, affirming the Attorney General’s constitutional authority to withdraw prosecution without seeking the court’s consent. Ms. Donkor was subsequently discharged, and the court ordered all records concerning her to be expunged.
Mr. Atta Akyea, however, maintains that the withdrawal is a strategic but flawed attempt to salvage a weak case.
“It is exposing the lopsided nature of the case of the Attorney General and that will be their burial ground—that when you’ve roofed a house, you think now there is a problem with the structure so you can now remove the foundation and then see how I adjust the roof. The rehabilitation should minister to you that they are having crisis. An accused person would now have to come and aid you to rehabilitate your case.”
He further questioned the motive behind the withdrawal, suggesting that it may be aimed at securing favourable testimony against his client in exchange for the third accused’s freedom.
“And what is the consideration for that? I will secure you freedom so that you can sufficiently lie against the other accused persons. Will that not be a good way to posit this situation? Because apart from that, why do you want to say that ‘go free’ but the cost of you going free is that come and testify for me. We’re seeing through all the shenanigans but that will collapse their own case.”
The development marks a major turn in the ongoing trial, in which Mr. Adu Boahene, his wife Angela Adjei-Boateng, and their company, Advantage Solutions Limited, face charges related to the alleged diversion of GHS49 million in state funds.
