Private legal practitioner Martin Kpebu says New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, may have to wait until October before any application for bail pending appeal is heard because of the impending legal vacation.
According to him, although Wontumi’s legal team can file an appeal and subsequently apply for bail following his conviction, the timing of the courts’ annual vacation could delay the hearing of the application.
The comments follow an announcement by Wontumi’s lead counsel, Samuel Atta Akyea, that the legal team intends to appeal the 20-year prison sentence imposed by the High Court after the NPP Ashanti Regional Chairman was convicted in connection with illegal mining activities linked to Akonta Mining Limited.
Mr Kpebu explained that while the appeal could be lodged before the end of the legal year on July 31, the Court of Appeal’s vacation schedule means the hearing of a bail application may not take place until the new legal year begins in October.
He noted that although some High Court judges remain on duty during the vacation to hear urgent matters, including bail and injunction applications, Wontumi’s prospects of obtaining bail at the High Court would be limited.
Mr Kpebu therefore suggested that the Court of Appeal may provide a more viable avenue for seeking bail pending appeal, while also calling for reforms to allow some Court of Appeal judges to sit during the legal vacation to hear urgent applications.
Speaking on Citi FM on Saturday, Mr Kpebu said Wontumi’s chances of securing bail at the High Court were “very slim” and attributed the likely delay to the judicial calendar.
“His chances of getting bail in the High Court are very slim, very, very slim,” he said.
“The courts are about to go on vacation… Friday, July 31, is the end of the legal year.
“When they file an appeal, they can file for bail, but if they file it in the High Court, my understanding is that the judge who gave the judgment will be working this vacation.
“It means that he has to go to the Court of Appeal,” Mr Kpebu added, urging the judiciary to review its vacation arrangements to ensure urgent matters are determined without unnecessary delays.
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