Wontumi sues Exim Bank, EOCO and A-G, seeks declaration of loan dispute a civil matter
Former New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and Wontumi Farms have asked the High Court to declare a loan dispute with Ghana Exim Bank a civil matter, arguing that it should not be treated as a criminal case.
The plaintiffs have sued Ghana Exim Bank, the Economic and Organised Crime Office (EOCO) and the Attorney General over criminal proceedings involving allegations of defrauding by false pretences, uttering a forged document, money laundering and intentionally causing financial loss to the state.
In a statement of claim filed through their lawyer, Samuel Atta-Akyea, they argue that the dispute arises from a loan facility exceeding GH¢18 million granted to finance a farming project and should be resolved through civil proceedings.
They accuse EOCO of exceeding its mandate by effectively acting as a debt recovery agency and contend that the bank should pursue any outstanding obligations through the contractual remedies available to it.
According to the plaintiffs, a 10,000-acre parcel of land belonging to Wontumi Farms was provided as collateral for the facility, while Chairman Wontumi personally guaranteed repayment in the event of a default. They further claim that Ghana Exim Bank undertook to secure insurance coverage for the loan.
The statement of claim attributes the project’s financial difficulties to flooding, alleging that four rivers surrounding the farmland overflowed their banks and caused extensive damage to the farming venture.
The plaintiffs say Ghana Exim Bank was informed of the losses and allegedly assured them that the insurance arrangement would be activated to address the outstanding debt.
They deny securing the loan through fraudulent means or engaging in any criminal conduct, maintaining that the matter concerns the recovery of a debt arising from a contractual arrangement.
Among the reliefs they are seeking are a declaration that the dispute is civil in nature, an order directing Ghana Exim Bank to provide a detailed account of the outstanding loan balance and a directive for the bank to pursue recovery through the mortgage, Chairman Wontumi’s personal guarantee or the insurance coverage allegedly arranged for the facility.