Private legal practitioner Martin Kpebu has challenged the widespread perception that entering into a plea bargain is an automatic admission of guilt, explaining that Ghana's legal framework allows for several possible outcomes that do not necessarily result in a conviction.

His comments come amid renewed public discussion about plea bargaining following reports that lawyers of the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, had formally requested a plea negotiation with the Attorney-General in his ongoing criminal trial over an alleged GH¢14.3 million loan fraud involving the Ghana Export-Import Bank (Exim Bank).

Speaking in an interview on JoyNews' The Pulse on the legal implications of plea bargaining, Mr. Kpebu said the process is fundamentally a negotiation between the accused person and the state and can lead to outcomes ranging from the complete withdrawal of charges to reduced sentences or lesser punishments.

"Not at all. It depends," he said when asked whether entering into a plea bargain constitutes a clear admission of wrongdoing. "It depends on when you enter into one and what the outcome of the negotiations will be."

According to him, one of the lesser-known outcomes of a plea bargain is the withdrawal of charges altogether.

"Based on the plea bargaining, it's a negotiation. Depending on what you show the Attorney General, the whole case can be cancelled. The charges can be withdrawn," he explained.

Mr. Kpebu noted that while any agreement reached between the parties would ultimately require the approval of a judge, the law allows prosecutors and accused persons considerable room to negotiate terms that serve the interests of justice.

He stressed that the possibility of withdrawing charges means the public should not automatically conclude that a person who seeks a plea bargain is guilty.

The lawyer further explained that the more common outcomes of plea bargaining involve reductions in sentence or punishment. For instance, a person facing a lengthy prison term may negotiate for a shorter sentence depending on the circumstances of the case and the value of their cooperation with investigators.

"The law provides for a reduction in sentence. If the sentence was going to be 10 years, depending on what you bargain with the state, they can agree to a lesser term," he said.

Mr. Kpebu also highlighted the role that plea bargains can play in helping prosecutors secure convictions against more significant offenders. He explained that in some cases, a lower-level participant in a criminal enterprise may be offered favourable terms in exchange for evidence against the principal actors.

Using an example from criminal investigations, he said a minor participant may be turned into a prosecution witness if their testimony can help authorities prosecute the masterminds behind an offence.

"The smaller player may be used as a prosecution witness to help prosecute the key figures in the scheme. In some instances, that can even result in charges being withdrawn against that individual," he explained.

He described plea bargaining as an important prosecutorial tool that allows the state to pursue broader justice objectives while making efficient use of judicial resources.