‘I wanted them expunged’ – Atta Akyea reacts to ruling in Adu-Boahene trial

Samuel Atta Akyea, lead counsel for former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, says the prosecution did not deny his claim that some of the statements it attributed to witnesses were false, even though the High Court declined to strike them from the record.

Reacting to the dismissal of his application to expunge parts of the prosecution’s written submissions, Mr Akyea said he was pleased the Attorney-General’s side had not challenged his facts.

He said he was also encouraged that the court would look at the case and tell the difference between what is true and what is not. He added that he had brought the matter to the court’s attention and would leave it to the judge to decide what to do with it.

“The good news is that the judge is saying that he will look at the case and you will see the difference between light and darkness, and it will separate the wheat from the chaff. So I believe that I’m excited because I will not see what is not right in terms of the evidence and in terms of attribution to witnesses and gloss over it,” he said.

Mr Akyea further explained why the application was necessary.

“It is extremely necessary for our jurisprudence that a lawyer was intellectually awake and saw through matters captured by the Attorney General that were totally false in his written submissions and brought it to the attention of the court, because someday is going to come and I’ll be questioned about my competencies that, ‘Oh, you saw all these things in the written submission and they kept quiet about it.’

“So I’ve done what is right as a lawyer, bringing the truth to bear on the proceedings,” he noted.

He acknowledged that the court noted the points he raised, but said that was not enough. He had wanted the passages removed.

“The court cannot say the falsehood should be alongside the truth, especially when there’s clear evidence that somebody is attempting to give evidence at the bar and the evidence is not borne by the record,” he said.

In court, Dr Justice Srem-Sai, the Deputy Attorney-General, had opposed the application. He argued that the court has no general power to expunge parts of a written address because the other side disputes its accuracy, and that the court can check the record itself. He also said the accused had already raised the alleged misrepresentation in their reply to the prosecution’s submissions, filed on October 19, 2026.

The court dismissed the application on Thursday, October 29, 2026. It held that written submissions cannot replace evidence and that it would decide the case only on testimony and exhibits properly admitted at trial. It will rule on the submission of no case to answer on November 5, 2026.

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