Lawyer for Kwabena Adu Boahene and his wife Angela Adjei Boahene, Samuel Atta Kyea, has strongly criticized the Economic and Organized Crime Office (EOCO) and the Attorney General for what he describes as a blatant violation of constitutional rights.
He accused them of detaining his clients beyond the legally mandated 48-hour period without a hearing and of engaging in what he calls a public relations campaign rather than adhering to due process.
“They are still behind bars. My client, the male client, who is Mr. Adu Boahene, has been incarcerated at the EOCO cells since Thursday. The wife, who followed through to visit the husband on Friday, was immediately arrested, and she’s also behind bars”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
Atta Kyea insists that his clients have not even been given the opportunity to make a statement, yet they remain behind bars.
He maintains that their continued incarceration is unconstitutional and a clear abuse of power. He argues that this detention without hearing violates the fundamental rights of his clients and sets a dangerous precedent.
According to him, the authorities are circumventing the law through what he describes as a deceptive legal maneuver, allowing them to detain suspects without due process.
“There’s a ruse of a bill in which they want to keep the people on their own terms. And we believe that that is an aberration when it relates to the constitution and the rule of law, and we challenge it”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
No Plea Bargain Without Due Process
Addressing comments by the Attorney General suggesting that a plea bargain might be an option, Atta Kyea dismissed the notion outright, stating that such discussions are premature since his clients have not even been allowed to engage their lawyers properly.
“How can you talk of plea bargaining when he’s not even listened to our clients? And he will not even give lawyers the space to share confidential engagements with them”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
He emphasized that without proper legal consultations, his clients cannot make informed decisions regarding their rights.
“Is that what we call the ‘reset’ rule of law that we are practicing? That’s unfortunate,” he remarked.
Condemnation of Public Trial by Press
Atta Kyea has also taken issue with the way the Attorney General has handled the case in the media.
He argues that the approach taken by the state amounts to a trial by public opinion rather than an objective legal process.
“We’ll seek legal redress. Sure. We won’t waste time at all. See, the finality of the justice delivery system is not with the Attorney General or EOCO. That is why the two of them cannot sentence an individual to jail”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
He warned that the Attorney General’s public briefings and media engagements risk undermining the legal process and prejudicing the case before it even reaches the courts.
He accused the state of using media narratives to damage his client’s reputation before any substantial legal proceedings have even taken place.
“If they wanna practice law, they gather evidence clinically, not sell big issues to the press and condemn people who the constitution presumes innocent, that they are guilty”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
According to him, the Attorney General’s office is not a court of law and should not be engaging in activities that cast judgment before the legal proceedings commence. He insisted that if there is credible evidence, it should be tested in the court of law rather than used to fuel public opinion.
“This is a deviation from what we call constitutional law, rule, and this country should not encourage it,” he cautioned.
The Risk of a Flawed Prosecution
Atta Kyea also raised concerns about the consequences if the state fails to prove its case beyond a reasonable doubt.
He argued that if the Attorney General ultimately loses in court, it will mean that his client was unfairly subjected to public disgrace without justification.
“So what if in the eventuality of the matter, you take your so-called, I mean, sacrosanct evidence to court and then you are not able to prove the matter beyond reasonable doubt and you lose?”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
He warned that such a scenario would expose the flaws in the current approach, where criminal investigations are driven more by public perception than by legal rigor.
“You’ve defamed people for nothing. That is why every serious criminal investigation is devoid of any theatrics, propaganda, public relations gimmicks, and harassment”
Samuel Atta Kyea, Lawyer For Adu Boahene And Wife
As it stands, Kwabena Adu Boahen and his wife remain in custody, with no formal charges brought against them.
Their legal team insists they will challenge the state’s actions in court, setting the stage for what could be a significant legal battle over due process and the rights of individuals under Ghana’s justice system.
READ MORE: Burundi Warns of Rwanda’s Alleged War Plans
