Private legal practitioner Richard Nii Armah has stated that the decision by Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to initiate plea bargain negotiations is an explicit admission of guilt.
The Ashanti Regional Chairman of the New Patriotic Party (NPP) has instructed his lawyers to formally write to the Attorney General’s office regarding the ongoing GH₵30 million Ghana Export-Import (GEXIM) Bank fraud case.
Alongside two other accused persons, the NPP aspiring National Chairman is seeking a deal under Section 162C of Act 1079 to negotiate lesser charges or a reduced sentence.
The politician currently faces four counts, including defrauding by false pretenses, money laundering, and intentionally causing financial loss to the state.
These charges stem from allegations that he used forged documents to secure a financial facility for Akonta Mining Limited.
Commenting on the development during an interview on Nyankonton Mu Nsem on Rainbow Radio 87.5FM, Richard Nii Armah, who also serves as the Executive Director of the Centre for Justice and Rule of Law, posited that while opting for a plea bargain is a standard legal procedure, it fundamentally serves as an admission of wrongdoing in exchange for a lighter penalty.
However, he emphasised that this route does not clear the politician of his actions.
“Should the Attorney-General’s Department agree to the terms, the parties must enter into a formal written agreement and submit it before the presiding judge.”
Mr Armah noted that for any plea bargain to be accepted, the accused person must first enter a guilty plea and be formally convicted by the court.
“Using Chairman Wontumi’s case as an example, he has admitted to wrongdoing and so he would be convicted by the court,” Armah explained. “Even though he may not go to prison, his name will enter into the records as a convicted criminal or an ex-convict. If the plea bargain is accepted, he will maybe be made to return the money, get a reduced sentence, or both.”
Addressing public debate over whether the state should reject the deal, Richard Nii Armah clarified that critics are merely expressing personal opinions.
“Legally, the choice rests entirely with the prosecution, as the Attorney-General’s Department holds the absolute right to either accept or decline a plea bargain application.”
He added that this move represents a calculated, strategic approach by Wontumi’s legal team. After examining the strength of the case and the weight of the evidence in the prosecutors’ possession, his lawyers likely concluded that a full trial would yield an outcome far less favorable to the accused”.
By: Rainbowradioonline.com/Ghana