The criminal trial involving Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, has entered a new procedural phase after the Attorney-General’s office formally notified the court that the first accused person has initiated plea bargaining discussions under Ghana’s Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079), also known as the Plea Bargaining Act.
The notice, filed under section 162C(3) of Act 30, indicates that Wontumi, through his lawyer, Mr. Andy Appiah-Kubi, has written to the Attorney-General requesting to open negotiations in relation to the charges currently before the court. The co-accused include Thomas Antwi-Boasiako, who is at large, and Wontumi Farms Limited.
The filing informs the court that discussions may now take place between the defence and the prosecution, within the framework of the plea bargaining regime.
The development arises from a high-profile prosecution involving three defendants: Bernard Antwi-Boasiako, his co-accused Thomas Antwi-Boasiako, and Wontumi Farms Limited. The State alleges that the accused obtained approximately GH¢14.3 million from the Ghana Export-Import Bank in 2018 under the pretext of developing a large-scale agricultural project.
Prosecutors allege that key supporting documents were fraudulent. One disputed board resolution allegedly referred to a meeting that predated the company’s incorporation, raising questions about its authenticity and timing. The accused persons face four counts: defrauding by false pretences, forgery of documents, money laundering, and intentionally causing financial loss to a public institution exceeding GH¢30 million.
Chairman Wontumi had already pleaded not guilty to all charges and was last in court on May 18, 2026.
The Legal Framework: What Plea Bargaining Means in Ghana
Plea bargaining is a negotiated resolution in criminal proceedings. In simple terms, it is an arrangement where an accused person agrees to plead guilty in exchange for a benefit, which may include a reduced charge, withdrawal of some counts, or a lighter sentence.
Ghana’s statutory framework under Act 1079 recognises three principal forms of plea bargaining. The first is charge bargaining, where a serious charge is reduced to a lesser one. The second is count bargaining, which arises in cases where the accused faces multiple charges. Here, an accused may plead guilty to some counts while others are withdrawn.
The third is sentence bargaining, where the accused pleads guilty in exchange for a specific sentencing recommendation or a reduced penalty proposed to the court.
It should be noted that not all offences can be negotiated under the plea bargaining regime. Serious crimes such as murder, robbery, rape, kidnapping, genocide, piracy, and high treason are excluded from plea bargaining under the statute.
Procedure and Safeguards Under Act 1079
The law establishes a tightly controlled process. Either the accused or the prosecution may initiate negotiations at any time before judgment. Before discussions begin, the prosecution is required to inform the accused of their constitutional rights, including the right to remain silent, the presumption of innocence, and the right to a full trial.
Once negotiations commence, the court is notified in writing. This triggers the court’s administrative role of potentially adjourning proceedings to allow time for discussions, usually within a 30-day window. If no agreement is reached within that period, the trial may resume, although negotiations can still continue informally.
The prosecution must also consult victims or complainants where applicable, giving them an opportunity to make representations. While their objections do not automatically block an agreement, they may be formally recorded and presented to the court.
Importantly, any agreement reached must be reduced into writing and signed by the prosecutor, the accused, and the defence lawyer. The court retains the discretion to accept or reject the agreement.
If rejected, the law is clear: the accused is deemed to have pleaded not guilty, the matter proceeds to full trial, and the plea negotiations cannot be used against the accused in subsequent proceedings.
If accepted, however, the resulting conviction and sentence become final, with no right of appeal.
The case is also part of a broader wave of prosecutions under the government’s Operation Recover All Loot (ORAL) initiative, which targets alleged financial and economic crimes involving public funds.
This is not the only legal pressure facing the first accused. He, together with Akonta Mining Limited and another director, is also standing trial in a separate matter involving alleged illegal mining activities at Samreboi, with judgment expected on July 3, 2026.
