The High Court in Accra has dismissed an objection filed by lawyers representing Kwabena Adu Boahene, the former Director-General of the National Signals Bureau, challenging the Attorney General’s decision to withdraw charges against the third accused, Mildred Donkor.
Lead counsel, Samuel Atta Akyea, had argued that the Attorney General ought to have filed a formal motion, rather than a notice of withdrawal. According to him, the proposed amendments to the case were too significant to be made via a simple notice and required proper court procedure.
However, Justice John Nyadu Nyante, presiding over the case, overruled the objection. He emphasized that under Ghana’s Constitution, the Attorney General has full discretion to prosecute or withdraw charges and does not require court approval to do so.
As a result, Mildred Donkor was formally discharged from the case. The court also ordered that all records relating to her be expunged.
Background to the Withdrawal
The decision comes after Attorney General and Minister for Justice, Dr. Dominic Ayine, filed a notice to discontinue prosecution against Donkor under Section 59 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
The withdrawal is reportedly linked to Donkor’s agreement to testify as a prosecution witness in the ongoing GHS49 million theft case involving:
- Kwabena Adu-Boahene (1st accused)
- Angela Adjei-Boateng, his wife (2nd accused)
- Advantage Solutions Limited (4th accused)
Donkor’s testimony is expected to be critical in clarifying the alleged theft and misappropriation of state funds tied to the accused individuals and their company.
Her role in the trial shifted dramatically in July 2025, when she dismissed her legal counsel in open court—just before the prosecution was set to present its first witness—signaling a possible cooperation deal with the state.
