The injunction application is expected to be heard by the Supreme Court on August 20.
Mr Adu-Boahene and his wife are standing trial over the alleged diversion of GHΒ’49.1 million meant for the procurement of a cyber-defence system. Mr Adu-Boahene has pleaded not guilty to charges including defrauding by false pretences, wilfully causing financial loss to the state, using public office for personal gain, and obtaining public property by false pretences. His wife, who faces charges of collaborating to use public office for personal gain, conspiracy to launder money, and money laundering, has also pleaded not guilty.
When the case was called on Monday, August 17, Peter Osei-Asamoah, who held the brief for substantive defence counsel, Samuel Atta Akyea, asked the court to adjourn the matter. He told the court that Mr Atta Akyea had written to the court on August 14, explaining that other professional commitments made it impossible for him to attend proceedings during the legal vacation, and that the request was necessary to ensure the accused were adequately represented as guaranteed by the 1992 Constitution.
The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the request, noting that the reason given mirrored one already contained in a letter sent to the Chief Justice. He said counsel had cited other commitments during the vacation but had not explained why the case could not proceed with other lawyers from his firm representing the accused.
Dr Srem-Sai argued that the court had already ordered the matter to proceed during the vacation, and that counsel could not, from the Bar, determine the pace of proceedings. He urged the court to dismiss the request and allow the trial to continue.
The court nonetheless adjourned the matter to August 25, to await the Supreme Court's ruling on the injunction application.
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