Seeking plea bargain is not admission of guilt – Wontumi’s lawyer

Lawyer Andy Appiah-Kubi, counsel for Ashanti Regional New Patriotic Party (NPP) Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, has dismissed claims that his client's decision to seek plea negotiations in the Exim Bank case is an indication of guilt.

In an interview on Asempa FM on June 11, 2026, Appiah-Kubi explained that Ghana’s plea bargaining framework upholds the constitutional principle that every accused person remains innocent until proven guilty.

“Opting for a plea bargain doesn’t mean the person is guilty. We opted for plea bargain and have not yet started discussions on the terms, but why is the Attorney-General impugning their own motives?” he questioned.

Chairman Wontumi recently submitted a formal request to enter plea negotiations with the Attorney-General in relation to his criminal trial involving an alleged GH¢14.3 million loan fraud case connected to the Ghana Export-Import Bank (EXIM Bank).

Wontumi seeks plea bargain in EXIM Bank fraud case

Appiah-Kubi noted that plea bargaining is regulated under Act 1079, which amended portions of the Criminal and Other Offences (Procedure) Act.

“The Plea Bargaining Act comes as Act 1079. Section 162 of the previous Act has been amended and captured as 162A on plea negotiations. This law came into effect on July 22, 2022,” he stated.

According to him, misconceptions about plea negotiations stem largely from a lack of public awareness of the law.

“It’s not everyone that knows this provision,” he noted.

He further explained that the legislation permits negotiations that could result in the withdrawal of charges against an accused person.

“The plea agreement under Section 162A(1)(b) is to withdraw all the charges against the accused person, which is one of the expectations of the negotiations,” he said.

Appiah-Kubi also pointed to legal provisions that require prosecutors to inform accused persons of their rights before any plea discussions commence.

“Section 162A(2)(a) says the prosecutor shall, before the commencement of plea negotiations, inform the accused person of the right to be presumed innocent until proven guilty,” he stated.

He insisted that applying for plea negotiations should not be interpreted as an admission of wrongdoing.

“So there is no way that anyone who applies for plea negotiations admits guilt or is guilty. That’s not what the law says,” he stressed.

The lawyer further revealed that no discussions have yet taken place regarding the terms of a possible agreement, questioning why conclusions are already being drawn about the outcome.

“For now, we haven’t met to design the terms of negotiations, so why are we in a hurry to prescribe one of them for us when we haven’t indicated a preference?” he asked.

He argued that if the process ultimately leads to the withdrawal of charges, suggestions of a conviction would be unfounded.

“If the negotiated position is the withdrawal of the charges, then where is the conviction?” he quizzed.

Appiah-Kubi concluded by urging the public to better understand the legal framework surrounding plea bargaining and to avoid speculation.

“We need to understand these things because the speculation is worrying. It is not fair,” he added.

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AK/AM