The Chief Executive Officer of the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) has urged the Attorney-General to consider accepting a plea bargain in the ongoing case involving Ashanti Regional New Patriotic Party (NPP) Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, if doing so would serve the interests of justice and enable the recovery of state resources.

Speaking on JoyNews' Newsfile on Saturday, June 13, James Kwabena Bomfeh argued that plea bargaining is an established component of Ghana's criminal justice system and should not be dismissed outright, particularly in cases where it can secure restitution for the state while avoiding lengthy and costly court proceedings.

According to him, the primary objective of a plea bargain is not merely to secure a conviction but to ensure that justice is achieved in a manner that benefits the public interest.

"The Attorney-General is working for all of us. They must consider all the issues at hand. In the interest of the state, if a plea bargain can achieve justice and recover what is due, then it should be considered," he said.

However, he added that if such an outcome cannot be achieved through negotiations, then the matter should proceed to a full trial to allow the courts to determine the issues at stake.

Mr Bomfeh noted that plea bargaining has featured prominently in some of the Office of the Special Prosecutor's successful cases and remains a legitimate tool within the country's legal framework.

He, however, stressed the need to distinguish between cases where an accused person admits wrongdoing and those where allegations remain contested.

"We need to make a distinction between a plea bargain based on someone committing an offence and admitting to it, and a case where allegations are still being disputed," he explained.

He also expressed concern over what he described as a growing tendency within the criminal justice system to treat accused persons as guilty before their cases have been fully adjudicated.

He emphasised that Ghana's Constitution guarantees the presumption of innocence and places an obligation on the state to provide every accused person with a fair opportunity to defend themselves.

"The Constitution is clear that a person is innocent until proven guilty. Yet it is often assumed that once a report is made against someone, that person is guilty and must prove themselves innocent. That turns justice upside down," he stated.

Commenting specifically on the Wontumi case, Mr Bomfeh observed that public discourse has focused almost exclusively on the NPP chairman, despite court documents indicating that multiple accused persons are involved.

He pointed out that the charge sheet names Bernard Antwi Boasiako, another individual identified as Thomas Antwi Boasiako, who is reportedly at large, and Wontumi Farm Limited as accused persons.

"If the charge sheet is anything to go by, then we are not talking about a Wontumi matter alone. It is Wontumi and others. We need to move away from personalizing it to his person," he said.

Mr Bomfeh further questioned whether all individuals connected to the alleged offences were being subjected to the same level of scrutiny, arguing that prosecutorial discretion must be exercised fairly and consistently.

"If you are prosecuting for an offence and there are people associated with that offence, why do you leave some and proceed against others? These are questions that deserve answers," he stated.

His comment follows lawyers of Chairman Wontuni formally requesting a plea negotiation with the Attorney-General in his ongoing criminal trial over an alleged GH¢14.3 million loan fraud involving the Ghana Export-Import Bank (Exim Bank).

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Wontumi case: If plea bargain can bring justice and recover state money, AG should accept it - Bomfeh

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