The NPP Communications Member and Lawyer, Kwasi Botchway Jnr, has argued that the prosecution of Bernard Antwi Boasiako continues to generate public perceptions of political targeting. He stated that while the matter remains before the court, questions persist over its inclusion under the ORAL framework.
Discussing the ongoing legal proceedings, the NPP Communications Member indicated that the spirit of fair trial must remain central to public discourse. Botchway said the courts are fully empowered to determine the merits of the case without external interference.
At the centre of his argument was the distinction between criminal prosecution and asset recovery under Operation Recover All Loot. Honourable Botchway asserted that the charges currently before the court do not appear to involve the alleged embezzlement of state funds associated with the policy.
He explained that ORAL was publicly introduced as a vehicle to recover massive sums allegedly lost to the state. In light of this, Botchway questioned what specific state resources authorities are seeking to recover in the matter involving Chairman Wontumi.
“What exactly is the state seeking to recover in this matter? What monies has Chairman Wontumi stolen from the state? That is where the public debate begins.”
Kwasi Botchway Jnr
Botchway observed that public sentiment has increasingly linked the prosecution to earlier political exchanges involving John Dramani Mahama. He maintained that this perception has shaped how sections of the public interpret the case.
The NPP Communications Member clarified that he was not suggesting Wontumi is beyond prosecution. Instead, he argued that the public perception of political motivation cannot be ignored when assessing reactions to the case.
Moreover, Botchway pointed to claims that Chairman Wontumi had appealed directly to President Mahama. He said such reports, if accurate, further strengthen the belief among sections of the public that politics may be shaping public interpretation of the case.
He also referenced public office holders who receive state resources. Botchway added that any public officer could face scrutiny, making fairness and legal consistency essential in every prosecution.
“I am not saying Wontumi cannot be prosecuted. That is not what I am saying. But what I am saying is that, there is a perception, and all of us will agree that there is a perception that what is happening to Wontumi is a political witch hunt.”
Kwasi Botchway Jnr
Addressing criticism of the political witch hunt claim, the NPP Communications Member noted that such a description does not automatically imply a weak legal case. He emphasised that a politically charged prosecution may still involve allegations with legal substance.
Botchway further urged the public to separate courtroom proceedings from political rhetoric. He added that justice must be seen as impartial to sustain confidence in the legal system.
Court Discretion Central to Lawyer’s Change Debate
The NPP Communications Member and Lawyer, Kwasi Botchway Jnr, stated that legal representation remains a fundamental right within Ghana’s criminal justice system. He said accused persons must be allowed to engage counsel of their choice to ensure a fair hearing.
Botchway said lawyers are equally entitled to choose the clients they represent. He added that professional decisions by counsel should be respected when grounded in lawful reasons.
Pointing to the recent role of lawyer Andy Appiah Kubi, Botchway said the reasons given by counsel for his decisions deserve respect within the legal process. He added that professional conduct must be understood within established legal practice.
He also focused on the involvement of Counsel Atta Akyea in subsequent proceedings. Botchway explained that a newly appointed lawyer may require time to study records before filing meaningful submissions.
He stated that any request for additional time remains entirely within judicial discretion. The court, he noted, retains authority to approve or reject such an application depending on the circumstances before it.
“Extension of time is not as of right. It lies within the discretion of the court and the court may accept or refuse.”
Kwasi Botchway Jnr
Of significant importance is the issue of written submissions before judgment. Botchway explained that such submissions are legally optional and that some lawyers proceed without filing them.
Additionally, he stressed that courts frequently adjust judgment dates when procedural developments require further time. This, he said, occurs in both civil and criminal matters and forms part of ordinary judicial practice.
Botchway described Counsel Akyea as a seasoned legal practitioner with more than three decades at the Bar and extensive courtroom experience. He noted that Counsel Akyea leads Zoe, Akyea & Co., one of the country’s notable law firms. Botchway added that the lawyer’s family background also shows legal expertise.
The NPP Communications Member therefore urged the public to avoid assigning political motives to every procedural development. Botchway said the judicial process must be allowed to proceed within the framework of law and established court practice.
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