Court dismisses bbjection to AG’s withdrawal of Charges Against Third Accused in GHS49m NSB Theft Case
The High Court in Accra has dismissed an objection raised by lawyers for former National Signals Bureau (NSB) Director-General, Kwabena Adu Boahene, against the Attorney General’s decision to withdraw prosecution against Mildred Donkor, the third accused person in the ongoing GHS49 million theft case.
Counsel for Adu Boahene, Atta Akyea, had argued that the Attorney General could not simply file a notice of withdrawal but must instead make a formal application by motion, given the scope of amendments the prosecution intended to make.
However, the presiding judge, Justice John Nyadu Nyante, rejected the objection, ruling that the Attorney General—who is constitutionally empowered to initiate and discontinue prosecutions—does not require the court’s consent to exercise that discretion.
“The Attorney General is clothed with constitutional authority to prosecute and, by extension, to withdraw. Such an action does not require prior approval of the court,” the judge stated.
Following the ruling, Ms. Donkor was formally discharged, and the court ordered that all records relating to her be expunged from the case file.
The ruling came after the Attorney General and Minister for Justice, Dr. Dominic Ayine, filed a notice on Wednesday, October 15, 2025, discontinuing prosecution against Ms. Donkor under Section 59 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
Sources close to the case indicate that Ms. Donkor has agreed to cooperate with the prosecution as a witness. Her testimony is expected to provide key insights into the alleged theft and diversion of state funds involving Adu Boahene (1st accused), his wife Angela Adjei-Boateng (2nd accused), and their company, Advantage Solutions Limited (4th accused).
The development marks a significant turn in the high-profile case, which centers on accusations of embezzlement and financial misconduct at the National Signals Bureau.
Ms. Donkor’s evolving role in the case first became apparent on July 18, when she unexpectedly dismissed her lawyer in open court, just before the prosecution was scheduled to call its first witness.
With her discharge, the prosecution is now expected to amend its case and proceed with Adu Boahene, Adjei-Boateng, and their company as the remaining defendants.
