Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Wontumi Farms Limited have sued the Ghana Export-Import Bank (Exim Bank), the Economic and Organised Crime Office (EOCO) and the Attorney-General, seeking a declaration that the criminal proceedings arising from the bank’s loan facility are essentially a civil dispute that has been improperly treated as a criminal matter.
In a writ and statement of claim filed at the High Court in Accra on October 5, 2026, the plaintiffs argue that the dispute concerns the recovery of a loan advanced to Wontumi Farms Limited for commercial farming and should be resolved through civil proceedings rather than criminal prosecution.
The suit relates to Criminal Case No. CR/0429/2026, The Republic v Bernard Antwi-Boasiako, Thomas Antwi-Boasiako and Wontumi Farms Limited, in which the accused persons face charges including defrauding by false pretences, uttering a forged document, money laundering and intentionally causing financial loss to a public body.
The plaintiffs are asking the court to declare that the criminal proceedings concern a civil debt dispute that the defendants have improperly pursued through the criminal justice system.
The GH¢18.7 Million Loan
According to the statement of claim, Wontumi Farms Limited applied for and was granted a medium-term loan of GH¢18,734,260 in January 2018 to cultivate maize on a commercial scale.
The company says it provided 10,000 acres of farmland at Asare Nkwanta Nsuta in the Ashanti Region as equitable mortgage security for the facility. It further states that Exim Bank obtained a legal charge over the company’s fixed assets, while Mr Antwi-Boasiako personally guaranteed repayment in the event of default.
The plaintiffs also contend that the bank undertook to insure the commercial farming project against risks associated with agricultural production, particularly the uncertainties of rain-fed farming.
They maintain that the loan application and supporting documents were scrutinised by the bank before the facility was approved and deny using criminal means to induce the bank to grant the loan.
The statement of claim attributes the farm’s difficulties to unfavourable agricultural conditions. The plaintiffs say that in September 2018, after the farm had recorded a substantial maize harvest, four rivers near the farmland—Kyirenta, Dida, Fiiwa and Abram—overflowed their banks, destroying the farm and its harvest.
They claim that the bank was informed of the flooding and assured them that it would activate the insurance policy covering the farm to secure compensation.
The plaintiffs further allege that the bank restructured the loan after being informed of the agricultural difficulties but failed to disburse the entire restructured facility for the company’s benefit.
Plaintiffs Accuse EOCO of Acting as Debt Collector
The plaintiffs argue that the criminal investigation and prosecution have been used to pursue what they consider to be an outstanding contractual debt.
They allege that Exim Bank lodged a criminal complaint against Mr Antwi-Boasiako over the loan facilities, leading to investigations by EOCO and his subsequent prosecution.
The plaintiffs characterise the prosecution as malicious and contend that EOCO has no jurisdiction to intervene in what they describe as a civil debt dispute.
They further accuse Exim Bank of using EOCO as a debt-collection mechanism while allegedly disregarding the collateral security and insurance arrangements intended to protect the loan.
The statement of claim also argues that using criminal proceedings to achieve what the plaintiffs consider a civil recovery objective amounts to an improper exercise of professional judgment by EOCO and the Attorney-General.
These assertions represent the plaintiffs’ position in the civil action and have not been established as findings of the court.
What Wontumi Wants the Court to Order
Aside from seeking a declaration on the nature of the criminal proceedings, the plaintiffs are asking the High Court to order an account of the loan transactions to establish the amount outstanding to Exim Bank in respect of facilities advanced between January 16, 2018, and October 28, 2020.
They also want the court to declare that the collateral security and insurance cover supporting the loans are sufficient to discharge the outstanding debt.
They are seeking an order directing Exim Bank to apply the collateral security and insurance cover towards settling the loan balance.
The plaintiffs are additionally claiming costs, including lawyers’ professional fees on a full-indemnity basis, as well as any further reliefs the court considers appropriate.
Criminal Trial Continues
The civil action comes alongside the criminal proceedings against Mr Antwi-Boasiako, his co-accused, Thomas Antwi-Boasiako, who is at large, and Wontumi Farms Limited.
On Tuesday, October 13, 2026, Mr Antwi-Boasiako appeared before the Accra High Court, where the prosecution’s amended charge sheet was substituted for the earlier charge sheet and he pleaded not guilty to five charges.
The charges include defrauding by false pretences, two counts of uttering a forged document, money laundering and intentionally causing financial loss to a public body.
The prosecution alleges that the accused persons obtained approximately GH¢14.302 million from Exim Bank through false pretences and caused the bank a loss of about GH¢30 million between 2018 and 2022.
The amended charge sheet also identifies a pro-forma invoice allegedly issued by EPSONS GHANA LIMITED in connection with a transaction involving GH¢4 million. The prosecution alleges that the document was used to induce Exim Bank officials to release the funds.
Mr Antwi-Boasiako’s plea of not guilty means the charges remain contested and must be determined through the criminal proceedings.
The civil suit presents a separate legal challenge to the characterisation of the underlying loan dispute and the use of criminal proceedings to pursue it. The High Court will have to determine the declarations and other reliefs sought by the plaintiffs, while the criminal charges remain subject to adjudication in the criminal case.
