The High Court in Accra has fixed November 4, 2026, to rule on an application for bail pending appeal filed by the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi.
Wontumi is seeking a temporary freedom pending the determination of his appeal against a 20-year jail term handed to him by the court on July 20.
The application which was moved on Wednesday, October 15, 2026, before Her Ladyship Justice Audrey Kocuvie-Tay, who is also the trial judge, was popped by the Prosecution.
Bail application
Moving the application, Counsel for Wontumi, Samuel Atta Akyea, prayed the court to admit his client to bail pending appeal.
Mr. Atta Akyea told the court he was moving the motion in terms of the motion paper, the affidavit in support and a supplementary affidavit filed on August 14, 2026.
He argued that bail pending appeal should be granted where an appellant can demonstrate that the appeal is likely to succeed, as that constitutes exceptional circumstances.
Relying on the Court of Appeal decision in the case of Daniel Yaw and 2 others v The Republic delivered on April 20, 2021, and the famous Supreme Court decision in Fynn and Another v The Republic 2 GLR, counsel submitted that another ground for granting bail pending appeal is to afford the appellant temporary freedom to liaise with his lawyer in the preparation and conduct of the appeal.
He told the court that they have filed 19 grounds of appeal which in his view are consequential and present exceptional circumstances to warrant bail.
On the merits of the appeal, Atta Akyea submitted that the trial judge failed to read the Minerals and Mining Act as a whole, particularly the combined effect of sections 138 and 46 of the Act.
According to him, when a person holds a mineral right, he can give opportunity to an individual to work on the mineral right and that does not constitute a criminal offence.
He further argued that where a person goes onto a concession at the behest of a mining licence holder and does not comply with the instructions of the licence holder, criminality cannot be imputed to the holder of the mineral right.
Counsel also attacked the evidence of a prosecution witness whom he described as an accomplice who testified against Wontumi in exchange for his freedom. He said the law requires that the evidence of an accomplice be treated with caution and must be corroborated.
Samuel Atta Akyea invited the court to consider the other grounds of appeal, stressing that they are not fanciful and have huge prospects of success.
He disclosed that Wontumi is facing another criminal trial, and that granting him bail would enable him to assist his lawyers to prepare not only for the appeal but also for the other case in which the Deputy Attorney-General is involved.
On the issue of flight risk raised by the prosecution, counsel said the Attorney-General has not stated that the appeal is frivolous. He said Wontumi’s passport is still in the custody of the Economic and Organised Crime Office (EOCO), and that his client respected all bail conditions during the trial.
“We are not running away to Togo or any other place. He will stay in Ghana and conduct the appeal,” Mr. Atta Akyea submitted.
He added that even if the appeal fails after bail is granted, Wontumi would go back to continue his sentence.
No exceptional circumstances
Opposing the application, Deputy Attorney-General Dr. Justice Srem-Sai, said the application should not be dealt with lightly.
He quoted Justice Taylor in Fynn v The Republic to the effect that “An application for bail pending appeal ought not to be dealt with lightly…”
Dr. Srem-Sai said there is a valid 20-year sentence being served and the convict is praying to be released in the hope that his appeal will succeed.
He argued that mere dissatisfaction with conviction is not a ground for granting bail pending appeal, and that an applicant must demonstrate special or exceptional circumstances.
According to him, no exceptional circumstance has been presented to the court in the notice of appeal, the affidavit in support or the supplementary affidavit.
The Deputy AG distinguished the Fynn case relied upon by the defence. He said in that case, Justice Taylor granted bail because the prison terms were short – two months and two years – and because of notorious delays at the Circuit Court registry in Kumasi which could have resulted in the convicts serving their full terms before their appeals were heard.
He said that cannot apply to Wontumi’s case, which involves a 20-year term and was tried within months with fewer witnesses.
“We have demonstrated that the appeal has absolutely no chance of success,” Dr. Srem-Sai submitted, adding that it would be painful for the convict to be released and then sent back to prison.
Flight risk
On flight risk, the Deputy AG said it is a fact that Wontumi is standing trial in two other criminal courts, with the possibility of substantial prison terms to be served consecutively if convicted. He said that alone is sufficient motivation for any prisoner to abscond.
He also told the court that they have exhibited a video recording in which counsel for the accused himself was seen on television saying his client is “unruly” and that but for his personal intervention during arrest, the accused would have run his car over law enforcement officers to avoid arrest.
“That was even when nothing was at stake, not even one day of prison sentence. So my lady can imagine today when he is facing a 20-year jail term and has been declared guilty,” Dr. Srem-Sai argued.
He therefore prayed the court to refuse the application.
By Court
Having listened to both sides, Her Ladyship Justice Audrey Kocuvie-Tay adjourned the matter to November 4, 2026 for ruling.
“This court will deliver a ruling on 4 November at 9 am,” the Court said.
Source: www.kumasimail.com
