The landmark Supreme Court ruling in The Republic v Adu‑Boahene has fundamentally changed Ghana’s approach to evidence disclosure in criminal trials. According to Deputy Attorney-General Justice Srem Sai, the long-standing “law of relevance” no longer serves as a barrier to disclosure requests by the accused.
Previously, Ghanaian courts applied two main rules when considering pre-trial evidence requests: the possession rule, which required the evidence to have been obtained during the investigation, and the relevance rule, which demanded that the requested evidence be directly related to proving guilt or innocence. Defence teams had to satisfy both criteria to access additional materials from the prosecution.
The Supreme Court’s ruling in the Adu‑Boahene case removes the relevance requirement at the disclosure request stage. Now, the only threshold for the accused is proving that the material was in the possession of investigators. Relevance will instead be assessed later during the trial itself.
“This decision fundamentally alters pre-trial procedures,” Deputy AG Sai explained. “Defence counsel no longer has to demonstrate relevance before requesting access to investigative material. The focus is now on possession.”
Under the new framework, prosecutors are required to disclose all materials obtained during investigations, whether they support the prosecution or could assist the defence. This ensures that the accused can prepare a full and fair defence, aligning procedural practice more closely with constitutional guarantees.
However, the Deputy AG cautioned that these expanded rights do not give licence for abuse. Courts will continue to guard against tactics intended to delay proceedings or turn the prosecution into an investigative arm for the defence. The possession requirement remains a safeguard against such misuse.
The ruling has significant implications for criminal trials in Ghana. For prosecutors, it emphasizes the need for thorough record-keeping and timely disclosure. For defence lawyers, it provides broader access to investigative evidence, potentially enhancing fairness and transparency in the courtroom.
In the context of Adu‑Boahene’s own high-profile trial—relating to allegations of misappropriation of state funds—the decision directly affects both prosecution obligations and the defence’s preparation strategy. Legal experts believe the ruling could shape criminal procedure in Ghana for years to come, establishing a new standard for how evidence is shared before trial.
Source: Thepressradio.com
