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Bernard Antwi Boasiako, popularly known as Wontumi, has bolstered his application for bail pending appeal, arguing that his conduct throughout his trial demonstrates that he poses no risk of absconding from the jurisdiction.
His position and reaction to the affidavit in opposition of the State to his motion for bail pending appeal is contained in a supplementary affidavit filed in the High Court in Accra in support of his application for bail pending appeal. The affidavit was sworn by Charles Boakye, an Associate Lawyer with Messrs Zoe, Akyea & Co., the firm representing Wontumi and Akonta Mining Company Limited in their appeal.
The application is being opposed by the Republic, in which the State argues that Wontumi has a significant flight risk, that the appeal has no reasonable prospect of success, that his continued presence is unnecessary for the preparation of the appeal, and that there are no special or exceptional circumstances warranting bail pending appeal.
According to the supplementary affidavit, the applicant faithfully attended every court sitting during the trial whenever his attendance was required.
The affidavit further states that Wontumi did not abscond from the proceedings, fail to attend any scheduled hearing, evade the jurisdiction of the High Court, jump bail or breach any bail condition during the trial.
Per the supplementary affidavit, the prosecution never applied to the court for a warrant for his arrest on account of any failure to attend court. Mr. Wontumi argues that this is significant because Wontumi continued to make himself available to the jurisdiction despite knowing that he faced a substantial custodial sentence if convicted.
Passport Already in EOCO Custody
The affidavit states that, as part of bail conditions previously imposed on him by the Economic and Organised Crime Office (EOCO), Wontumi surrendered his travelling passport to the agency. His lawyers therefore question the Republic’s reliance on an alleged risk that he could flee the jurisdiction, arguing that the prosecution is aware that the passport is already in EOCO’s custody.
The affidavit maintains that Wontumi remains willing to comply with any further conditions the High Court may impose if his application for bail pending appeal is granted.
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Lawyers Defend Prospects of Appeal
The supplementary affidavit also disputes the Republic’s position that Wontumi’s appeal has no reasonable prospect of success. According to the applicant’s lawyers, the grounds of appeal are “bona fide, substantial, arguable” and have a highly reasonable prospect of success. They further contend that the Republic has not identified any specific ground of appeal and demonstrated why it is frivolous, vexatious or incapable of succeeding.
The affidavit also rejects arguments concerning Wontumi’s other ongoing criminal proceedings. His lawyers argue that the mere existence of other criminal proceedings does not establish that he would abscond if granted bail pending appeal.
They maintain that his conduct during the trial, together with his conduct in the other proceedings, demonstrates that the existence of criminal proceedings and the possibility of imprisonment have not caused, and will not cause, him to evade the jurisdiction.
Applicant’s Participation Needed for Appeal
The supplementary affidavit further challenges the suggestion that Wontumi’s presence is unnecessary for preparation of the appeal.
His lawyers argue that, as the person directly affected by the conviction and sentence, he has personal knowledge of matters arising from the evidence and proceedings.
They say preparation of the appeal necessarily involves obtaining and considering his instructions concerning the evidence, factual matters, grounds of appeal and matters arising from the judgment. They therefore maintain that the conclusion of the trial does not terminate his involvement in the prosecution of his appeal.
The lawyers also contend that although the Republic has instituted multiple criminal proceedings against Wontumi, the prosecution has not identified any specific conviction in the other proceedings demonstrating that he would be incapable of complying with conditions imposed by the High Court.
‘Exceptional and Compelling Circumstances’
Wontumi’s legal team maintains that the circumstances of his case, considered cumulatively, constitute exceptional and compelling circumstances warranting the exercise of the High Court’s discretion to grant bail pending appeal.
The affidavit argues that the application should be determined in light of the facts of the case, the grounds of appeal and the applicable principles governing bail pending appeal.
The applicant is consequently asking the High Court to reject the depositions contained in the Republic’s affidavit in opposition and grant him bail pending appeal on such terms and conditions as the court considers appropriate.
The supplementary affidavit was sworn in Accra in August 2026 and served on the Attorney-General and the Director of Prisons at Nsawam Medium Security Prisons.
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