Bring the documents to court

Paul Adom-Otchere says a recent Supreme Court ruling in the Kwabena Adu Boahene case marks a major step toward transparency in Ghana’s criminal justice system.

On Good Evening Ghana programme monitored by MyNewsh, he explained that the apex court has clarified how evidence must be handled in criminal trials, especially where national security and political sensitivity intersect.

“The Supreme Court said, ‘No, bring it. Bring it to court and let there be a determination in the court whether this paper is relevant or not,’” Adom-Otchere stated.

He said the ruling rejected attempts to decide relevance secretly during pre-trial conferences. “You can’t determine relevance in secret at a pre-trial. Let the judge see the document. Let all arguments be made. Let the media be there,” he added.

According to Adom-Otchere, the court’s decision strengthens democracy by ensuring openness.

“This application is to foster transparency with the criminal process that will make our democracy look like a normal 21st-century democracy,” he said.

He stressed that accused persons must be allowed full access to materials that may aid their defence.

“Everywhere in the world, accused persons are allowed to defend themselves. That is what modern criminal justice systems are about,” Adom-Otchere said.

While the court declined to remove the trial judge, he said the ruling still favoured the principle being advanced by the defence.

“The judge could not be prohibited, but the court affirmed that relevance must be determined in open court,” he noted.