The criminal trial of former National Signals Bureau Director-General, Kwabena Adu-Boahene, has attracted significant public attention, largely because of the Attorney General’s allegations that millions of Ghana Cedis intended for a cyber defence system were unlawfully diverted.
According to Dominic Ayine, the Attorney General, Adu-Boahene and his co-accused orchestrated a scheme to misappropriate approximately GH¢49.1 million of public funds through a criminal network of companies and bank accounts. The prosecution contends that money earmarked for the procurement of a cyber defence system was instead diverted for personal and private use.
To prove these allegations, the Prosecution has called three principal witnesses namely Frank Anane Dekpey, a taxi driver, Edith Ruby Adumuah, Director of Finance at the National Signals Bureau, and Mildred Donkor, a former UMB Bank staff who was initially charged but later converted by EOCO into a prosecution witness.
However, during cross-examination by defence counsel, a number of admissions emerged from the prosecutions own witnesses that challenge allegations made publicly by the Attorney General, as well as the prosecution’s narrative in court.
Testimony by Ruby Edith Adumuah (Head of Finance, NSB)
1. She testified that there was no public institution known as the Bureau of National Communications (BNC) as alleged by the Attorney-General.
2. She stated that the BNC was an internal department of the Office of the National Security Coordinator, and not an autonomous agency like the Bureau of National Investigations (BNI) and the Research Department (RD).
3. She further testified that what the Attorney-General held out to be a “State BNC” account with the Fidelity Bank was rather a special operations account of the National Security Coordinator called “Coordinator’s Account-NSC, that the National Security Coordinator also christened “Director BNC”.
4. Contrary to the Attorney-General’s allegation that Adu-Boahene had the power to spend and authorize spending on the Fidelity special operations account, Edith testified that it was the National Security Coordinator who wielded the power to spend and authorize spending on that account.
5. The bedrock of the Attorney-General’s case is that, Adu-Boahene moved monies from the Fidelity Bank account to the UMB Bank, but Edith Ruby Adumuah clarified that Adu-Boahene did not wield the power to move any monies at all, and that the cheques totaling GHC49.1 million were signed and authorized by the National Security Coordinator, for payment into BNC Operations account at the UMB Bank.
6. Contrary to the Attorney-General’s assertion of fraudulent movement of monies by Adu-Boahene, Edith Ruby Adumuah testified that she herself deposited two (2) out of the three (3) cheques totaling GHC49.1 million into BNC Operations account at the UMB.
7. She further testified that she herself had withdrawn monies from accounts at the UMB Bank for special operations including the BNC Operations account.
8. Edith Ruby Adumuah’s testimony further contradicted the Prosecution’s case in terms of the purpose of the GHc49.1 million, citing that there was no point in the year 2020 when the said amount was the Ghana Cedi equivalent of $7 million.
9. She further calculated for the court that the Ghana Cedi equivalent of $7 million was GHc 38,150,000 which did not match the GHc49.1 million. Thus the GHc 49.1 could not have been for a $7 million acquisition, contrary to the allegation of the Attorney-General.
10. She further testified that she could not speak to the exact purpose of the GHC49.1 million special operations funds, but shed light that the exact purpose of the funds would be known by the top hierarchy of the National Security Council, including the National Security Coordinator and the Minister of National Security.
11. Edith Adumuah contradicted the Prosecution further by asserting that the acquisition of the Cyber Defence System was a genuine transaction in which she herself as head of Finance was involved.
12. She confirmed that she personally processed invoices and payment for the cyber defence system.
13. She maintained that the payment was made contigent on the delivery and acceptance of the cyber defence system
14. She testified that the Cyber defence system was indeed purchased and delivered.
15. Contrary to the Attorney-General’s allegation that some GH¢49.1 million had been stolen or lost at the National Signals Bureau, Edith Ruby Adumuah testified that there was no report or audit query whatsoever that any such amount had been stolen or gone missing at the National Signals Bureau.
16. She affirmed that she never detected or reported any theft of GH¢49.1 million while serving as Head of Finance.
17. Edith further testified that the National Security Cordinator was aware of the BNC Operations account at the UMB Bank.
18. She affirmed that the National Security Coordinator could open special operations accounts with banks for his own special operations imperatives, and determine who the signatories to the accounts would be.
19. She confirmed that it was routine practice to withdraw and receive cash from special operations accounts in “Ghana Must Go” bags at the National security.
20. She denied ever transferring monies to buy houses for Adu Boahene
21. She denied Adu Boahene ever using operational funds for personal use
22. Edith Ruby Adumuah stated that no GH¢ 49.1 million has gone missing at her department, contrary to the claim by the Attorney-General.
23. She stated that her department’s budget for the year 2020 was around GH¢13 million therefore GH¢ 49.1 million could not have gone missing.
24. She further stated that, no query had been raised against Adu Boahene internally in the National security.
25. She also confirmed that if indeed monies had been stolen she would have detected the act.
26. She testified that there was no GH¢49.1 million include in the annual budget she prepared for the year 2020.
27. Edith went on to testify that she did not even prepare any $7 million budget for the acquisition of a Cyber Defence System.
28. She stated that she did not know the source of the GH¢49.1 million, but confirmed that the National Security Coordinator’s special operations account at the Fidelity Bank received monies from private sources also.
29. She further stated that public funds had never been processed from the GIFMIS system into the Fidelity Bank Account
30. She testified that public funds were only processed through GIFMIS into the National Security Coordinator’s accounts at the Bank of Ghana
31. She could therefore not agree with the Attorney-General whether the GHc49.1 million in the Fidelity Bank account were public funds.
32. She confirmed that invoices and supporting payment documents existed for the cyber defence procurement
33. She also confirmed that several tranches of monies were sent to the ISC Holdings Limited of Israel contrary to the AG’s claim that no monies were sent to Israel beyond the initial $1,750,000.
34. She did not testify that she personally witnessed Adu-Boahene stealing or diverting public funds.
Testimony by Mildred Donkor
After her conversion from accused person to prosecution witness,
1. Mildred Donkor testified that her assistance to Adu-Boahene and his wife was part of her professional duties as a banker, rather than criminal actions as originally alleged by the Attorney-General when she was 3rd Accused person.
2. She maintained that she acted lawfully in carrying out those banking duties.
3. She denied personally benefiting from any of the monies withdrawn.
4. She confirmed that authorized withdrawals would ordinarily appear in official bank statements debunking claims by the Attorney-General that withdrawals were concealed.
5. She stated that she used pre-signed cheque books because obtaining signatures for urgent transactions was difficult due to the busy schedule of Adu-Boahene.
6. She testified that the use of pre-signed cheques was an operational arrangement and not with criminal intent.
7. She stated that she believed she was carrying out normal banking duties and does not know source of state funds
8. She confirmed that transfers were reflected in official banking records, and not underhand dealings.
9. She testified that advantage solutions was incorporated in 2008, and not a recent undertaking to steal money.
10. She confirmed that Advantage Solutions was an existing company before she joined it.
11. She testified that the company paid salaries and SSNIT contributions.
12. She confirmed processing salary payments.
13. She confirmed processing pension contributions.
14. She testified that Advantage Solutions funded National Security special operations as far back as 2018.
15. Contrary to the Attorney-General’s allegation that the accounts of Advantage Solutions were used as conduit to steal money, Mildred testified that Advantage Solutions rather loaned monies to the National Security to prefinance special operations.
16. She confirmed that the payment to the ISC Holdings Limited for the procurement of a cyber defence system was a genuine transaction backed by a SWIFT record.
17. She confirmed that she was involved in the instruction of payment to ISC holdings in Israel.
18. She testified that she sent payment authorization emails on instructions.
19. She maintained that she acted under instructions rather than on her own initiative.
20. She testified that the movement of funds from BNC Communications Bureau Limited to Advantage Solutions initially occurred because cheque books for the BNC account were unavailable.
21. She further testified that she wielded an Indemnity on Advantage Solutions accounts that allowed for easier and smoother withdrawals through those accounts, rather than direct withdrawals from the BNC Operations account.
22. She rejected the suggestion that the movements of funds were intended to conceal money, contrary to the Attorney-General’s assertion.
23. She testified that the GH¢16 million fixed deposit was done on the BNC Operations, and not in Adu-Boahene’s personal name, as alleged erroneously by the Attorney-General.
24. She testified that she had been “coached” during the EOCO process and that her witness statement was prepared after reviewing the charge sheet with her lawyer.
25. She confirmed she was detained and later granted bail before becoming a prosecution witness.
Testimony of Frank Anane Dekpey
1. Contrary to the Attorney-General’s claim that monies withdrawn from the BNC Operations account were for 3rd parties, Frank Anane testified that he never delivered any monies to Adu Boahene’s wife nor to any other 3rd party.
2. He testified that all monies withdrawn were sent directly to the National Security office in Labone.
3. He testified that he was only a courier, and delivered the monies to either Edith Adumuah, the head of Finance, or to the Director
