Prominent legal practitioner, Kwesi Botchway Jnr., Esq., has strongly challenged the Attorney General’s (AG) narrative in the ongoing criminal case against former National Signals Bureau (NSB) Director-General, Mr. Kwabena Adu-Boahene, describing the AG’s account as “factually inaccurate, misleading, and legally unfounded.”
In a detailed opinion published Monday, Mr. Botchway sought to “set the records straight” regarding the institutional history of the NSB, the structure of state security accounts, and the legality of a controversial private entity referred to by prosecutors as “Private BNC.”
Misrepresentation of Employment History
At the heart of Botchway’s argument is the assertion that the Attorney General wrongly stated that Mr. Adu-Boahene had been a staff member of the NSB since 2007 and served as its director in 2017. According to Botchway, this is factually impossible.
“The National Signals Bureau did not exist as an autonomous entity in 2007 or even in 2017,” he wrote. “It was legally established on 29th December 2020 by Act 1040. Prior to that, Mr. Adu-Boahene worked in the Bureau of National Communications (BNC), an internal unit under the National Security Coordinator’s office.”
He further clarified that Mr. Adu-Boahene became Director-General of the NSB only in 2021, after its formal creation.
“This means, per the AG’s version, Mr. Adu-Boahene was Director of a ghost institution — a claim that is both intellectually and legally indefensible,” the lawyer asserted.
“State BNC” Account Does Not Exist
On the question of financial misconduct, the AG has alleged that Mr. Adu-Boahene transferred state funds from a “State BNC” account into a private account. But Botchway refutes this categorically.
“There is no such thing as a ‘State BNC’ account,” he said. “What existed was a Coordinator’s Account, operated by the National Security Coordinator with Mr. Adu-Boahene as a co-signatory, under strict oversight and instruction.”
According to Botchway, although the cheque books for the account sometimes bore the alias “Director BNC,” the account was in fact labeled “Coordinator’s Account – NSC,” and functioned as part of broader special operations financing handled through Fidelity Bank, not the Bank of Ghana.
“This account was neither sanctioned by the finance minister nor managed through the Controller and Accountant-General’s Department. Its mischaracterization as a state-owned BNC account is either a grave mistake or a deliberate distortion,” he wrote.
Legality of the “Private BNC”
The AG has also accused Mr. Adu-Boahene of transferring funds into a privately incorporated company — described as “Private BNC” — for personal gain. But Botchway argues that this company, legally registered as B.N.C Communications Bureau Ltd, was a Special Purpose Vehicle (SPV) approved by National Security for classified operations.
He explained that such SPVs are standard operational tools within security and intelligence agencies, used to manage sensitive transactions, including cross-border technology purchases.
“This entity was not a profit-seeking business for Mr. Adu-Boahene,” Botchway maintained. “It operated under National Security directives for critical functions such as water security and cyber technology procurement. No evidence has been presented to show personal enrichment.”
Broader Implications
Botchway questioned the plausibility of the allegations, particularly the claim that over $7 million could have been misappropriated from a National Security-controlled account without detection from top-level officials or the Presidency.
“It simply does not add up,” he said. “No such transaction could have occurred without the knowledge of the National Security Coordinator or relevant ministers.”
He concluded by suggesting that the AG was either misinformed or misunderstood the operational structure of National Security accounts and SPVs.
Looking Ahead
Lawyer Botchway promised to release a follow-up publication focusing on the role of Madam Angela Adjei Boateng, the wife of the accused, in subsequent developments related to the case.
The ongoing legal proceedings involving Mr. Adu-Boahene remain a topic of intense public and political interest, especially as questions grow about the AG’s handling and presentation of facts in such a high-profile national security matter.
This article is based on an opinion piece written by Kwesi Botchway Jnr., Esq., and does not represent the position of atinkaonline.com.
All allegations remain subject to judicial determination.
