Lawyers representing former Ashanti Regional Chairman of the New Patriotic Party (NPP), Antwi-Boasiako, have informed an Accra High Court that the Exim Bank case against their client is a civil matter, not a criminal one. The lawyers have filed an application seeking a declaration to that effect. This development is part of the ongoing case against Antwi-Boasiako, Thomas Antwi-Boasiako, and Wontumi Farms Limited over an alleged GH¢30 million loss to Exim Bank.
The case, which was initially set to proceed with a five-count charge sheet, has been adjourned to October 13, 2026. The charge sheet includes defrauding by false pretence, two counts of uttering a forged document, money laundering, and intentionally causing financial loss to a public body. According to the charge sheet, Antwi-Boasiako and Thomas Antwi-Boasiako allegedly obtained about GH¢14.302 million from Exim Bank in 2018 by false pretences and caused the bank to lose GH¢30 million between 2018 and 2022.
The lawyers of the accused persons have not only sought a declaration that the case is civil in nature but also an order of accounts to determine the amount due to the 1st Defendant from the 1st Plaintiff relative to the loans advanced between 16th January 2018 and 28th October 2020. They are further seeking a declaration that the collateral security, along with the insurance cover undergirding the loans, are sufficient to pay off the loan.
In a recent court proceeding, the prosecution filed an amended charge sheet, which specified that the allegedly forged document was a pro-forma invoice of EPSONS GHANA LIMITED. This amendment has necessitated the court to take the pleas of the accused persons afresh when the case resumes. The defence counsel, Nana Nti Ofori-Debrah, requested more time to peruse the new charge sheet and consult with the substantive counsel, leading to the court's adjournment of the case.
The amended charge sheet retains the charge of uttering a forged document under Section 169 of the Criminal Offences Act, 1960 (Act 29). However, with the particulars now specifying the allegedly forged document, the court will need to consider this new information when the case resumes. The prosecution had prayed the court to withdraw the charge sheet filed on May 15, 2026, and substitute it with the new one filed on September 22, 2026.
The case has significant implications for the parties involved, with the accused persons facing serious allegations of financial impropriety. The court's eventual decision on whether the case is civil or criminal in nature will have far-reaching consequences. The lawyers of the accused persons are also seeking costs, including lawyers' professional fees on a full indemnity basis.
The Accra High Court is expected to continue the case on October 13, 2026, where it will take the pleas of the accused persons afresh. The court's decision on the application filed by the lawyers of Antwi-Boasiako will also be crucial in determining the future course of the case.
Key points
- The Exim Bank case against Chairman Wontumi's lawyers has been adjourned to October 13, 2026.
- Lawyers of the accused persons argue that the case is a civil matter, not criminal.
- The prosecution filed an amended charge sheet specifying the allegedly forged document.
