Adu-Boahene trial: High Court adjourns case to August 25

By: Eugene Dogbatse Atsu

Accra High Court, presided over by Justice Francis Apangabuno Achibonga, has adjourned the trial of Kwabena Adu-Boahene and his wife, Angela Adjei-Boateng, to August 25, 2026, pending a Supreme Court decision.

The case, which was expected to continue before the vacation court, was adjourned after the judge considered an injunction application pending before the Supreme Court.

The application was filed by Ofoase/Ayirebi Member of Parliament Kojo Oppong Nkrumah, who seeks to restrain the High Court from continuing the proceedings during the legal vacation.

The application has a return date of August 20, 2026, when the Supreme Court is expected to consider the matter.

Counsel for the accused persons, Peter Osei-Asamoah, holding brief for lead counsel Samuel Atta Akyea, had initially requested an adjournment until the next legal term.

Mr Osei-Asamoah told the court that Mr Atta Akyea had pre-arranged professional commitments during the legal vacation, making it difficult for him to attend proceedings and conduct cross-examination.

He argued that the request was necessary to protect the accused persons’ constitutional right to adequate legal representation.

The defence also drew the court’s attention to the pending Supreme Court application, arguing that it would be prudent to await its determination.

However, the Deputy Attorney General, Dr Justice Srem-Sai, opposed the request.
He argued that “the mere filing of an injunction application” did not prevent the High Court from exercising its jurisdiction unless the Supreme Court had actually issued an order restraining the proceedings.

Dr Srem-Sai further argued that it would be contrary to proper judicial procedure for proceedings to be halted simply because a party had filed an application before a superior court.

The judge rejected the request to adjourn the case until the next legal term based on Mr Atta Akyea’s professional commitments.

He noted that granting the request would effectively move the case to October and “defeat the purpose” for which he had been assigned as a vacation judge.

The judge also observed that Mr Atta Akyea practises in a law firm with other lawyers who could potentially represent the accused persons in his absence.

On the Supreme Court injunction application, however, the judge adopted a different position.

He acknowledged that there are “two approaches in Ghanaian jurisprudence” concerning the effect of a pending injunction application on proceedings before a lower court.

One approach holds that the mere pendency of an injunction does not halt proceedings, while another requires a lower court to await a superior court’s determination where the application specifically seeks to restrain its proceedings.

He ruled that the Supreme Court application directly seeks to restrain the High Court from conducting proceedings during the legal vacation and therefore held that he “could not continue with the trial” while the application remained pending.

The case, however, has consequently been adjourned to August 25, 2026, at 9:30 a.m., by which time the Supreme Court is expected to have determined the injunction application.