Richard Armah, a private legal practitioner and Executive Director of the Center for Legitimacy and Rule of Law, has posited that Bernard Antwi-Boasiako—the Ashanti Regional Chairman of the New Patriotic Party (NPP) widely known as Chairman Wontumi—must first plead guilty before his plea bargain application can succeed.
This clarification comes after Chairman Wontumi and two others initiated a plea bargain process with the Attorney-General.
The accused are facing charges for allegedly defrauding the Ghana Export-Import Bank (Exim Bank) of GH¢14.3 million.
Speaking on Nyankonton Mu Nsem on Rainbow Radio, Lawyer Armah explained that plea bargaining essentially allows an accused person to admit to their wrongdoing in exchange for a negotiated, reduced punishment.
However, he emphasised that a plea bargain is only successful once the Attorney-General accepts the terms, the official documentation is prepared, and a court of competent jurisdiction formally approves the agreement.
He further noted that in cases involving embezzlement, fraud, and other financial crimes, the accused is typically required to refund the stolen funds with interest, or pay a significant portion of it alongside a negotiated, shorter prison sentence.
Importantly, Armah clarified that a plea bargain still results in a criminal conviction. Even if the accused manages to avoid prison time, the admission of guilt means they will forever hold a criminal record as a convicted individual or an ex-convict.
Addressing public reactions, Mr. Armah disagreed with critics who have expressed disappointment over the move, insisting that plea bargaining is a standard component of criminal procedure. While the laws of Ghana fully recognize plea bargaining, he reminded the public that the Attorney-General still reserves the absolute right to reject any such application.
Speaking on those opposing the move, he stated:
“For those who have opposed the plea bargaining agreement, stating that we should allow the [trial] process to continue, this is part of the process. We have to deal with it as such. If you apply for it and are successful, you can be made to return the embezzled funds without going to jail, or you could end up serving both.”
By: Rainbowradioonline.com/Ghana
