The Parties Without Representation in Parliament (PWREP) has challenged the prosecution in the trial of former National Signals Bureau Director-General Kwabena Adu-Boahene to establish that the GH¢49.1 million at the centre of the case was public money.
The group argues that the State must prove the ownership and source of the disputed funds rather than rely solely on evidence that money was transferred between bank accounts.
According to PWREP, the prosecution must demonstrate whether the funds formed part of an approved government allocation or were released through the government’s financial management system.
It maintains that establishing the public ownership of the money is central to proving the alleged theft and financial loss to the State.
Speaking on behalf of the group, the General Secretary of the Ghana Union Movement (GUM), Anthony Gold Ahinful, said the prosecution must address the source and ownership of the funds as part of its case.
“The central question before the court is not merely whether funds moved between bank accounts,” he said.
He added that the prosecution must establish “the alleged public character and ownership of the funds”, alongside the alleged lack of authority for the transactions and the criminal intent behind them.
PWREP argues that these issues must be resolved before the accused persons can be held criminally responsible.
The group insists that the prosecution must establish the essential elements of the allegations with evidence, rather than assume that the movement of funds between accounts is sufficient to prove the offences.