Wontumi’s lawyers want Exim Bank case treated as civil, not criminal
Lawyers for former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, have asked the Accra High Court to declare that the dispute between their client and the Export-Import Bank of Ghana (Exim Bank) is essentially a civil matter that has been presented as a criminal case.
The defence has filed an application seeking, among other reliefs, a declaration to that effect and an order for accounts to determine the amount allegedly due to the first defendant in relation to loans advanced between January 16, 2018, and October 28, 2020.
The lawyers are also asking the court to declare that the collateral security and insurance cover backing the loans are sufficient to settle the outstanding debt.
They are further seeking an order directing Exim Bank to apply the collateral security and insurance cover towards clearing the alleged outstanding loan balance.
The application also seeks “Any further or other reliefs that the justice of this plaint requires. Costs, including lawyers' professional fees on full indemnity basis.”
Mr Antwi-Boasiako is standing trial alongside Thomas Antwi-Boasiako and Wontumi Farms Limited over an alleged GH¢30 million loss to Exim Bank.
The accused persons face five charges, including defrauding by false pretence, two counts of uttering a forged document, money laundering and intentionally causing financial loss to a public body.
The prosecution alleges that Mr Antwi-Boasiako and Mr Thomas Antwi-Boasiako obtained approximately GH¢14.302 million from Exim Bank in 2018 through false pretences.
It further alleges that their actions resulted in a loss of GH¢30 million to the bank between 2018 and 2022.
Amended charge sheet
The case was recently adjourned to October 13, 2026, after the prosecution filed an amended charge sheet.
The amendment relates to one of the counts of uttering a forged document, with the prosecution specifying the company whose pro-forma invoice was allegedly forged.
When the case was called last Tuesday, Principal State Attorney Joshua Sackey informed the court that the prosecution had filed the new charge sheet and served copies on lawyers for the accused persons.
He consequently asked the court to withdraw the charge sheet filed on May 15, 2026, and replace it with the new charge sheet filed on September 22, 2026.
“My Lady respectfully, we have filed a new charge sheet this morning, and we have given a copy of the charge sheet to counsel for the accused persons,” he said.
“We wish to withdraw the charge sheet, which we filed on May 15, 2026, and substitute the same with the charge sheet, which we filed on September 22, 2026,” he added.
The amended charge sheet, dated September 19, 2026, retains the charge of uttering a forged document under Section 169 of the Criminal Offences Act, 1960 (Act 29).
However, the particulars now identify the allegedly forged document as a pro-forma invoice purportedly issued by EPSONS GHANA LIMITED.
According to the prosecution, Mr Antwi-Boasiako, in 2017 within the Greater Accra Region, used the document knowing it to be false, with the intention of defrauding officials of Exim Bank and obtaining GH¢4 million from the bank.
Following the amendment, the accused persons are expected to take their pleas afresh when the case resumes on October 13.
Defence seeks time to study new charges
Nana Nti Ofori-Debrah, who was holding brief for Samuel Atta Akyea for the first and third accused persons, told the court that he had only just received the amended charge sheet and had not yet had the opportunity to study it or present it to the substantive counsel.
He therefore asked the court to defer both the substitution of the charge sheet and the taking of pleas until the next adjourned date.
“Indeed, I have just received a copy of the new charge sheet. I am yet to peruse it and also show it to the substantive counsel,” he said.
“In the circumstance, I humbly pray that both the substitution and the taking of plea should be taken at the adjourned date not too remote from now," he adde.
The court subsequently adjourned the case to October 13, 2026, at 10:30 a.m., when the amended charges are expected to be considered and the accused persons’ pleas taken.