The former National Security boss, Charles Adu-Boahene, was rearrested shortly after completing his remand period, prompting sharp criticism and legal concerns from his lawyer, former Member of Parliament and legal counsel Samuel Atta Akyea.
The case, now growing in complexity, is drawing national attention as it tests the balance between national security obligations and the fundamental rights of accused persons under Ghana’s democratic legal system. The government is expected to ensure the rule of law remains unimpeached amidst growing scrutiny.
According to Atta Akyea, the arrest happened moments after Adu-Boahene was due to regain his freedom.
“The judge ordered that he should have his freedom yesterday. And, they said they have another matter that they are investigating concerning him, so when he was supposed to have his freedom by calculation, they released him at midnight and then rearrested him on the basis of new found matters they were looking at”
Samuel Atta Akyea, Legal Counsel
The sequence of events, he argues, raises procedural and ethical questions about how law enforcement authorities are handling the matter. For him, it borders on deliberate tactics aimed at frustrating his client’s liberties rather than administering justice.
“But the question is, in the period in which he had the freedom, why didn’t they deal with the matters but left it till midnight to re-arrest him? Is somebody very excited incarcerating another Ghanaian with all manner of tactics? That is unfortunate”
Samuel Atta Akyea, Legal Counsel
Adu-Boahene remains in the custody of the Economic and Organised Crime Office (EOCO), with Atta Akyea seeking clarity on the specific nature of the new case being pursued. “He’s gone back to EOCO and I’m going there now for me to come to terms with what is the new matter or the new issue.”
With the accused currently on bail pegged at a staggering GH¢80 million for the counts of conspiracy to commit crime, stealing, using public office for profit, money laundering and causing financial loss to the state, Atta Akyea insists that there is no basis for fears of flight risk or evasion.
“He’s leaving nowhere. Adu-Boahene’s name and that of his wife Angela are all over the nation, our borders, and our airports. They are going nowhere. So I believe that it should come clean that this is not a personal vendetta”
Samuel Atta Akyea, Legal Counsel
Criminal Justice and The NSA
Atta Akyea further cautioned that Ghana’s established legal framework should not be distorted by selective treatment of high-profile suspects.
“If this is a man that you believe you have some criminal case against, give him space to defend himself. Give him also the freedom that now the Supreme Court has decided to give him”
Samuel Atta Akyea, Legal Counsel
He warned that rewriting Ghana’s criminal jurisprudence over one individual could set a dangerous precedent. “There’s no case which is not billable, including murders, provided they will exact conditions for you to appear before the court to defend yourself.”
While the specific charge prompting the fresh arrest remains unclear, Atta Akyea revealed that it may be linked to technological support allegedly arranged for the Ghana Water Company by the National Security.
He explained that national security provided surveillance tools to safeguard water infrastructure, which was classified as a security concern due to its importance to public health.
A leaked letter written by Adu-Boahene to the current national security coordinator which added a controversial twist to the former case the accused was charged with prompted Atta Akyea to respond, condemning the leak, arguing it was not meant for public consumption.
“It was unfortunate that it leaked, you know, because the letter was intended for the national security coordinator in which he (Adu Boahene) was trying to let him know that national security matters are being raised where he is and he should come to terms with it”
Samuel Atta Akyea, Legal Counsel
Atta Akyea clarified that his client was not attempting to avoid accountability but was concerned about the public disclosure of sensitive state matters. “He was saying that they are pushing him in areas of national security and when push comes to shove, he has to defend himself.”
He questioned whether the state was not itself breaching confidentiality by forcing a response in public from an intelligence officer bound by oath.
“Should he go to jail because he swore an oath when the national security would not come to his aid? That’d be unfortunate. It will be a tragedy that cannot be calculated”
Samuel Atta Akyea, Legal Counsel
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