Lawyer and Former General Secretary of the Ghana Medical Association, Dr Justice Yankson, has called on the Attorney-General's Department to ensure fairness, transparency and public accountability in any plea bargaining arrangement involving Ashanti Regional New Patriotic Party (NPP) Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi.

Speaking on JoyNews' Newsfile on Saturday, June 13, on discussions surrounding reports of a possible plea bargain in the ongoing criminal case, Dr Yankson stressed that while plea bargaining is a lawful and legitimate feature of Ghana's criminal justice system, the process must be conducted in a manner that inspires public confidence and serves the broader interests of justice.

According to him, many members of the public misunderstand plea bargaining, often viewing it as a mechanism that allows accused persons to escape punishment. However, he explained that the law provides clear guidelines on how plea agreements should be negotiated and approved.

"The Attorney-General and the team handling the matter must ensure that there is fairness and transparency and that the public understands what is happening," he said.

Dr Yankson noted that under Ghana's Criminal and Other Offences (Procedure) Amendment Act, 2018, accused persons are entitled to initiate plea bargain discussions at any stage before judgment is delivered, provided the offences in question are not among those specifically excluded by law.

He explained that offences such as treason, high treason, rape, defilement, genocide, robbery, kidnapping, murder, attempted murder, piracy, hijacking and election-related offences are exempt from plea bargaining arrangements.

"Outside of these exceptions, any accused person has the right to trigger the plea bargaining process," he stated.

The lawyer further noted that the case involving Chairman Wontumi should not be viewed merely as a loan repayment issue.

He explained that while taking a loan and failing to repay it is generally a civil matter, the allegations under investigation involve claims of criminal conduct, including forgery and obtaining financial benefits through false representations.

"People must understand that this is not simply a question of taking a loan and failing to pay. The allegations concern the processes that led to the acquisition of the facility, and those allegations are what have brought the matter into the criminal justice system," he said.

Dr Yankson argued that any plea agreement reached should include meaningful restitution to ensure that the state or affected parties are not left worse off.

According to him, restitution should go beyond the repayment of the principal amount and take into account any interest, financial gains or benefits derived from the alleged conduct.

"You cannot take a substantial amount of money, benefit from it over several years and then simply return the same amount. That would effectively amount to an interest-free facility and could create incentives for abuse," he noted.

He maintained that accountability must remain an essential component of any plea bargain, warning against situations in which financial crimes are resolved solely through repayment without any corresponding consequences.

"If restitution is paid in full and there is an appropriate level of punishment within the framework of the law, then the objectives of justice can be achieved," he stated.