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The Supreme Court has rejected an application by the Attorney-General seeking a review of a key aspect of its earlier decision in the criminal trial involving former Director-General of the National Signals Bureau, Kwabena Adu Boahen, and his wife.
The application, led by Deputy Attorney-General Dr Justice Srem-Sai, requested the Court to reinstate the word “relevance” into the Practice Direction on Further Disclosures. This directive outlines the prosecution’s duty to disclose documents in criminal cases.
In its earlier ruling, the Supreme Court clarified that prosecutors are obligated to disclose materials in their possession that are connected to the case, rather than documents considered merely “relevant.” The decision followed a judicial review application by Mr Adu Boahen and his wife, who sought to halt proceedings at the High Court after their request for additional disclosures was denied.
Although Dr Srem-Sai accepted the Court’s initial interpretation, he argued that removing the term “relevance” could allow disclosure requests based solely on possession, without establishing a substantive link to the matters before the court. He therefore urged the Court to restore the word or replace it with the phrase “connected with the matter before the Court.”
Counsel for Mr Adu Boahen, Samuel Atta Akyea, opposed the application, arguing that the Attorney-General failed to demonstrate the exceptional circumstances required for the Court to exercise its review jurisdiction. He maintained that the original ruling already provided sufficient safeguards by limiting disclosure to documents connected to the case.
After hearing submissions from both parties, the Supreme Court adjourned to deliberate on the matter.
On Wednesday, the Court, by a majority decision, dismissed the Attorney-General’s application for review. Justice Kulendi dissented from the decision.
The Supreme Court is expected to publish its full reasons for the ruling on or before February 4, 2026.
