Godwin Edudzi Tamekloe, Director of Legal Affairs of the National Democratic Congress (NDC), has openly criticised legal arguments made by Samuel Atta Akyea, counsel to Kwabena Adu Boahene, the former Director General of the National Signal Bureau.
Lawyer Tamekloe’s reaction comes after Mr Atta Akyea attempted to mount a legal defence anchored on provisions of the Security and Intelligence Agencies Act, 2020 (Act 1030), which came into effect in October 2020.
However, according to Lawyer Tamekloe, such a defence is fundamentally flawed given the timing of the alleged offences and the enactment of the law being cited.
“If you look at the particulars of the offences, you would notice that the offences happened in January and March 2020. Kindly look at the Security and Intelligence Act, 2020, it was assented to in October 2020.
“Clearly, at the time the accused person entered the contract with the Israeli company, this Act was not in existence. So, how are you relying on this Act for your prior conduct?”
Godwin Edudzi Tamekloe, NDC Director of Legal Affairs
The case at the heart of the controversy involves Kwabena Adu Boahene, the former Director General of Ghana’s National Signal Bureau, a state agency responsible for national security installations, who is facing charges including stealing and dishonest appropriation of public funds.
The Prosecution alleges that in early 2020, while serving as director of the state agency, the accused entered into a contract with an Israeli company to supply and install security equipment.
Simultaneously, the accused is said to have incorporated a private company with a name similar to the state agency, into which public funds were diverted.
Lawyer Edudzi Tamakloe noted that for the prosecution, the core of the case lies in the dishonest appropriation of public funds.
According to him, moving money meant for national security infrastructure into a private account under the guise of executing the contract is wrong.
In a thinly veiled rebuke of the defence strategy, the NDC legal chief suggested that the accused person’s legal team may not fully grasp the nature of the charges against their client.
“If you don’t understand the charges, how can you defend yourself?” he questioned, emphasising the importance of legal competence in criminal defence.
Lawyer Tamekloe also challenged attempts to justify the diversion of funds by suggesting that Members of Parliament (MPs) received payments after the fact, especially in the lead-up to the 2024 elections.
Such claims, he argued, are irrelevant to the core legal issues.
“Alleged payments to MPs after the fact of the appropriation cannot negate the dishonesty associated with the appropriations. The alleged payments in the 2024 election, almost four years after the fact, are an afterthought.”
Godwin Edudzi Tamekloe, NDC Director of Legal Affairs
To Lawyer Tamekloe, this case highlights the specialised nature of criminal defence law, a field that demands both technical skill and ethical clarity.
He stressed that lawyers have a duty to offer sound, honest advice to clients, particularly when their liberty is at stake.
“As lawyers, we have an ethical responsibility to advise our clients well. You don’t make life difficult for the client. Criminal defence is a special skill,” he noted pointedly.
Closing his statement with a blunt warning, Lawyer Tamekloe said that instead of leaning on defective legal strategies, the accused person’s legal counsel should be considering options that could lead to reduced sentencing.
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