Disclosing corruption for public good is justifiable – Martin Kpebu defends Adu-Boahene

Private lawyer Martin Kpebu clarified that revealing state secrets is not treason under Ghana’s Constitution. This applies especially when the information serves the public interest.

On May 14, 2025, Kpebu spoke on TV3’s New Day. He addressed the debate about former National Signals Bureau (NSB) boss Kwabena Adu-Boahene. Adu-Boahene faces charges for allegedly diverting state funds into a personal account.

Kpebu noted that the Securities and Intelligence Agencies Act punishes unauthorized disclosure of classified information. The minimum prison term for this offense is five years. However, he stated that it does not meet the constitutional definition of treason.

“It is certainly not Ghanaian law that it is treasonable to reveal a state secret,” he said. He explained that treason involves attempts to overthrow the government, as outlined in Article 3 of the Constitution and Section 180 of the Criminal Offences Act.

Kpebu made these comments while discussing a letter from Adu-Boahene dated May 5, 2025. In this letter, Adu-Boahene denied embezzlement allegations and explained how certain National Security funds were used.

Adu-Boahene mentioned GHS 960,000 given to MPs on the Defence and Interior Committee for “Special Operations.” He also listed GHS 5,135,000 spent on “Election Special Ops – Logistics” to promote stability in December 2024.

Additionally, he cited GHS 520,000 spent on “Human Security Ops – Generators,” overseen by the National Security Coordinator.

Kpebu argued that breaching secrecy laws is a crime but should not discourage whistleblowing in public interest. “The fact that it may be an offense does not stop Adu-Boahene from revealing,” he said.

He emphasized that protecting public funds is crucial. A responsible state would not prosecute someone for doing so.

Adu-Boahene insists all expenditures were legitimate and within NSB’s Special Operations mandate.