Private legal practitioner Martin Kpebu says Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, has several legal options available following his conviction and 20-year prison sentence for illegal mining-related offences.
According to Mr Kpebu, Wontumi’s lawyers can appeal the decision of the Accra High Court and also apply for bail pending the determination of the appeal.
“Now that the decision has been rendered, they can file an appeal, and they can also file for bail pending appeal,” he said in an interview on TV3.
He explained that for an appeal to succeed, the defence team must prove that the trial judge made significant legal errors in arriving at the judgment.
“If you can demonstrate that the judge got it very wrong, then that is where he can get relief. But if he doesn’t demonstrate that, he will continue to serve the sentence,” Mr Kpebu stated.
The legal practitioner also pointed to the possibility of a presidential pardon in the future, explaining that Ghana’s laws provide avenues for convicted persons to seek clemency.
He said under general sentencing principles, a person serving a fixed prison term may become eligible for consideration after serving two-thirds of the sentence.
“For a 20-year sentence, when you divide it by three and remove one-third, the remaining two-thirds is what is served under the general rule,” he explained.
Mr Kpebu, however, suggested that any future pardon granted to Wontumi should come with conditions, particularly regarding the restoration of lands affected by illegal mining.
“If at some point he is granted a pardon, it should come with a condition that he properly reclaims the degraded lands,” he said.
The Accra High Court sentenced Chairman Wontumi to 20 years’ imprisonment after finding him guilty in the illegal mining case involving Akonta Mining Company Limited’s concession at Samreboi in the Western Region.
READ:
Ghanaians react to Chairman Wontumi’s 20-year jail sentence
Samreboi trial: Wontumi, Akonta Mining found guilty of illegal mining
