Former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and Wontumi Farms have petitioned the High Court to declare that the criminal proceedings against them over a loan from Ghana Exim Bank constitute a civil debt dispute rather than a criminal matter.
The suit, filed against the Ghana Export-Import (Exim) Bank, the Economic and Organised Crime Office (EOCO), and the Attorney-General, follows criminal charges brought against the plaintiffs over alleged offences, including defrauding by false pretences, uttering a forged document, money laundering, and intentionally causing financial loss to the state.
The plaintiffs contend that the dispute concerns the recovery of a loan and should therefore be handled through civil proceedings. They further allege that EOCO has exceeded its mandate by acting as a debt recovery agency.
They are also seeking an order directing Ghana Exim Bank to provide an account of the outstanding loan balance, which they maintain should be repaid in accordance with the terms of the loan agreement. In their statement of claim, filed through their lawyer, Samuel Atta-Akyea, the plaintiffs state that the loan, valued at more than GH¢18 million, was obtained to finance an agricultural project.
According to the plaintiffs, a 10,000-acre parcel of land belonging to Wontumi Farms was used as collateral for the loan. Chairman Wontumi also provided a personal guarantee to ensure repayment in the event of default, while Ghana Exim Bank, as the lender, undertook to arrange insurance coverage for the facility.
The statement of claim indicates that the farming project subsequently failed to achieve its intended objectives. The plaintiffs explain that despite recording a bumper maize harvest at one point, flooding from four rivers surrounding the farm destroyed portions of the farmland, resulting in substantial losses.
They claim that Ghana Exim Bank was informed of the situation and allegedly assured them that steps would be taken to activate the insurance arrangement to settle the outstanding loan.
Chairman Wontumi and Wontumi Farms insist that the loan was lawfully secured and that no fraudulent or criminal conduct was involved in the transaction. They argue that the matter should be treated strictly as a civil dispute over an outstanding debt rather than pursued through criminal prosecution.
Consequently, the plaintiffs are asking the High Court to declare the dispute a civil matter and refer it to the appropriate civil court for determination. They are also seeking an order compelling Ghana Exim Bank to pursue recovery of the outstanding amount through the mortgaged property, Chairman Wontumi’s personal guarantee, or the insurance cover the bank allegedly undertook to secure.
