Appiah-Kubi withdraws as lawyer for Wontumi in Samreboi mining trial | Ekosiisen

[00:00:00]studio.

[00:00:02]lawyer, popular way on social media dated 11th June 2026.

[00:00:40]Uh yeah 06 should be June 2026 which is today filed on 98 a.m. In the Superior Court of Judicator in the High Court of Justice, ACRA AD 2026, docket number one, the Republic versus Bernardo at Wumi, first accused person.

[00:01:02]Thus at large, second accused person, Wtoi Farms Limited, third accused person. Notification of commencement of plea negotiation section 162 C3 of Act 30.

[00:01:20]We hereby notify the honorable court that the first accused person herein has through his council Mr. Andy Apakubi Esquire in a letter dated June 5th, 2026 to the honorable attorney general made a request to initiate a plea negotiation in respect of the charges in this trial dated at the office of the attorney general the law house Liberia road 11th day of June 2026 Dr. Justice Trenai the honorable deputy attorney general to the registister high court general jurisdiction ACA and for the service of the above named accused persons or their lawyers. Uh council we are aware of letter in line with the law. Okay.

[00:02:16]>> Justice the appropriate provision under which letter. Okay.

[00:02:22]>> Now indeed if I read that provision I rely on >> Mhm.

[00:02:26]>> I say uh it comes under pre negotiation.

[00:02:31]>> Under pre negotiation. This is in act 30.

[00:02:34]>> Not not in act 30. Okay. The problem we have in the country enough it comes as Act 1079.

[00:03:07]>> 1079. Yes.

[00:03:08]>> And there is on pre-bagging.

[00:03:09]>> Pre-bag. Sure.

[00:03:11]>> And section 162 of the previous act 162. Okay.

[00:03:20]As 162A pregotiations.

[00:03:24]>> Yes.

[00:03:26]>> Came into effect on 22nd July 2022.

[00:03:29]>> 2022. Yes. That's 2022. July.

[00:03:37]There is section 35 is of the court acts on session 162.

[00:03:51]>> Yes.

[00:03:52]>> One and your kind permission let me read it.

[00:03:59]>> Subject to sub session 162. Subject to section 162B, >> a person charged with a criminal offense may at any time before judgment. Any time before judgment, >> sure, >> negotiate with the attorney general for a pre-aggreement.

[00:04:16]>> Mhm.

[00:04:17]>> Now, a pre-aggreement if I go to 162A1 to withdraw the charges against the accused person.

[00:04:26]>> Mhm.

[00:04:27]>> One of the expectations of the negotiation >> of the pre negotiation, >> right?

[00:04:34]I see. Uh two uh 16 two >> 2 A >> Mhm.

[00:04:46]>> 2 C.

[00:04:47]>> Yes.

[00:04:48]>> I see.

[00:04:51]>> No. A >> Okay.

[00:04:52]>> 2 A.

[00:04:53]>> Okay.

[00:04:54]The pro the prosecutor shall before the commencement of the plea negotiation inform the accused person of the right of accused person to be presumed innocent until proven guilty.

[00:05:06]>> So there's no way for pre-negotiation guilty and aditting guilty. No sure >> you will stay on the same presumption of innocent until we are proven guilty.

[00:05:24]negotiation should result in a withdrawal of the charges.

[00:05:28]>> Yes.

[00:05:28]>> So where is the admission of guilt?

[00:05:31]>> Yeah. Is it not because the section 35 under the court act that section has not been repealed.

[00:05:42]>> It is still a section in >> that section also speaks about plea bargaining. Yes. And itself and because it's still in our statutes.

[00:05:57]>> Let me also come to interpretation by way of >> uh uh conflict of laws.

[00:06:03]>> Yes.

[00:06:04]>> And you agree with me that in conflict of laws >> the letter preides over the former.

[00:06:10]>> Sure.

[00:06:12]>> Specific.

[00:06:13]>> Thank you.

[00:06:14]>> Yes. General application >> by inference that law 35 is retired by section 35 is retired by this immediate one >> by way of hierarchy of normsuc because when you read section 35 that is probably what has created the confusion opportunity of studying the conflict of laws because as an elective >> faculty fortunate so we adise you to select that interpretation struggle but you'll be taught but the the basis starts from the faculty is interpretation but basis conflict of laws and you you need to carry your knowledge in conflict of laws into interpretation in ma will be hanging.

[00:07:18]So you come to this situation, you are misinterpreting to the public.

[00:07:23]>> But the later laws replace the earlier laws, >> the the former laws when they come into conflict.

[00:07:32]>> When they come into conflict, that's true. When that conflict arises arises >> and then the court will say this one is the letter rather than the former but also yes >> when we have a constitutional position >> against a statuto position constitution takes precedence over statute >> in that presumption of innocence on proven will still be there >> 191 it's a constitutional provision and it is captured also in this act so it is a repetition Yes.

[00:08:10]>> And that presumption is omnibus. It is always with you until it is dispensed with.

[00:08:25]I read to you.

[00:08:27]>> Yes.

[00:08:28]>> A. To reduce an offense charge to a lesser offense.

[00:08:32]>> Mhm.

[00:08:32]>> B. To withdraw a charge against an accused person.

[00:08:36]>> Yes.

[00:08:36]>> Or to reduce the punishment for an offense charge within the law that prescribed the punishment.

[00:08:43]>> Mhm.

[00:08:44]>> And it follows.

[00:08:45]>> Yes.

[00:08:46]>> So the the end result one of these >> one of these request to attorney general.

[00:08:52]>> Yes.

[00:08:54]for a drop of the charges.

[00:09:02]>> The law gives you the platform to go into negotiation negotiations.

[00:09:07]>> It is through the negotiation into terms.

[00:09:10]>> Yes. And the terms of negotiation would be consideration of one of these for now terms of the negotiation and why are we in a hurry to to prescribe one of them for us when we have not indicated the preference >> in in the in the request to the age you know >> why in >> you are not required >> you are not required >> you are not required >> that's fine >> you initiate >> that's most will be the end product.

[00:09:50]Are you by this?

[00:09:59]The understanding I got this act is to expand on the provisions in the court act section 35. Which provision also says when the agreement is made between and I said between the accused person any attorney general, >> right? That agreement will be sent >> between the accused person and the prosecutor because it may well be that and the prosecutor may not be fine.

[00:10:26]That's fine. And the prosecutor >> Yes.

[00:10:31]>> When the court adopt that agreement >> that becomes the decision of the court >> that becomes the decision of the court.

[00:10:36]>> But that would also mean you would be convicted.

[00:10:40]>> No. If the decision of the if the negotiated position is a dollar of the charges.

[00:10:47]>> Yes. Then where is the conviction?

[00:10:50]>> Okay. When the charges are withdrawn, then there can be no conviction.

[00:10:53]>> There can be no conviction.

[00:10:54]>> Okay.

[00:10:54]>> We need to have understanding of some of these things because criminal justice system encourage people to you know propagate with some provisions of the law.

[00:11:13]Yes.

[00:11:15]external hands.

[00:11:21]In fact, I was on the case constitutional test in constitutional law.

[00:11:36]>> Yes. uh composite acquisition laws uh enrichment of the state against uh land owners.

[00:11:46]>> Yes. Uh case in point versus attorney general attorney general as long as it is used for the purpose of the state. It continues state land as state land private people.

[00:12:35]So how can we have this now?

[00:12:37]Unfortunately, there was another case that was determined to go and change that position of the law and had I had assurances of people encouraging me to do. Unfortunately, um when got to then government and they decided to settle so we couldn't go to that extent.

[00:12:57]>> Okay. But judicial members, Supreme Court judges who were angry with that situation said but again in the case of um Kachi versus Attorney General, the Supreme Court will not make a decision in a vacuum. There must be a substantive matter for them to make a case and they have a power to change the position of the law as espoused in the previous case. And I want us to go there.

[00:13:40]acts to cure that >> and in the case of vested land >> there's a difference between vested lands and acquire lands. So when it comes to acquireance, compensation is paid.

[00:14:04]because so the state the state enriches itself against the original land owner and these are issues that we need to >> I think it's something we should we should even expand have a conversation on >> find a platform for us to talk about it >> because there are areas where compensation would have been paid >> there are areas where the process of acquisition was not completed but state agencies Yeah, >> against clarify on this. Let's go back on this plea bargain in relation to which case the state is in court with two in this is in relation with republic versus two other once in those cases. I can share with you the record of proceedings in the cases but can we honestly convict on the records.

[00:15:22]>> Fortunately is what is before the judge and the judge will not be minded.

[00:15:27]>> I always cry that I pray that the court is a court.

[00:15:30]>> Yeah.

[00:15:31]>> That is my prayer.

[00:15:34]The only prayer that I I do they say let us see a court making a pronouncement based on evidence. Yeah, the evidence before the court >> before the court >> and not what outside the court and not at the whims of somebody who is outside the court.

[00:16:00]Here we are all waiting for July 3rd.

[00:16:05]>> Yes, I have filed a motion.

[00:16:07]>> What? Filing motion?

[00:16:08]>> I filed a motion >> to arrest the judgment.

[00:16:09]>> Not to arrest the judgment. I don't have that power.

[00:16:11]>> Okay.

[00:16:12]>> I have filed a motion to withdraw from the case.

[00:16:15]>> Withdrawal from the case. I have cited my reasons who from that case >> myself as as a lawyer as lawyer who withdraw from >> I'm with my legal services.

[00:16:30]At any point I have a right reason.

[00:16:34]>> My reasons are in the affidavit and we will take that motion on Monday. So I will not discuss it. But I have cried in the affidavit that as a lawyer what I feel doing like that for all of us as persons in the legal fraternity.

[00:16:58]Is it is it say you are >> no who withdraw because of what you think would happen on July? not what you think will happen anything what because I pray that the court should be a court now then I will come and I'll comment on the decision but before then I'll sound this warning because it stays with us and it will also we will be confronted with it in course of our time Injustice to anybody is injustice to you >> to to everyone. I I agree. But lawyer, why would you do a case go through all the initial stages and go through trial judgement application to?

[00:17:59]Yes.

[00:18:03]Proceed. Okay.

[00:18:15]Days of proceedings noting the case.

[00:18:33]SO REALLY I'M TELLING YOU >> THAT'S WHAT THE JUDGE >> WE ARE GOING YES we are going TO TALK ABOUT THIS NOW by association I'm going to petition the bar association also say association can we sit and let this go on in Ghana within our Jewish students >> and do we want to turn our courts into person's institutions yeah but the bar association may not have jurisdiction over the judge.

[00:19:05]>> No, no, no. But uh indeed bar association can speak about it.

[00:19:09]>> Okay.

[00:19:11]Me say I'm speaking my mind and I want whoever wants evidence to confront me and I'll show him the evidence.

[00:19:19]>> If that was the conduct of the I won't petition chief justice mom. Well, uh, one option.

[00:19:25]>> Okay.

[00:19:26]>> The other option is that I'm withdrawing and stating the reasons why I'm and I'm going before the same judge to state my reasons of resigning from the case before judge. Yes.

[00:19:38]>> Even with reasons of her and your client is aware. Yes.

[00:19:51]one person I don't like it in this case.

[00:20:02]Okay, because I think that is a way to also teach you to learn.

[00:20:17]Be careful because it will be before you.

[00:20:21]But I'm withrawing. I'm going to state my reasoning in court.

[00:20:24]>> Yes, in court Monday. Monday I'll be there. Monday.

[00:20:31]No, Monday. I'll be there. But on the the plea bargain request, you would be on.

[00:20:40]>> Yes, we you do that. Be on. Yes. Indeed.

[00:20:43]There's another case.

[00:20:49]I'm still in it. I'm still in it.

[00:20:51]>> And within No, no. Come on. Yes.

[00:21:05]Most of these cases political very cases highrofile cases >> highrofile. Okay.

[00:21:23]But you should have made callway during the trial.

[00:21:37]But we need to correct ourselves.

[00:21:40]>> If it would take me to even hand over my license on the basis of injustice, I will do >> really.

[00:21:47]>> Yes.

[00:21:50]>> Wow.

[00:21:50]Trust me.

[00:21:59]>> I don't decorate my language when I You see >> I I feel it.

[00:22:08]But I feel it. But even on the exm bank case yes state no file charges against client >> why don't you go through the trial >> yes well uh I want to explore this possibility possibility for settlement a win-win >> okay >> you see the bar the west form of settlement is better than the the best form of judgment because after the judgment one is victorious, one is vanquished and you know relationships are broken and all that. Now in most cases I want to be just to both parties to all and however you do your work to bring justice to both parties, I think you would have achieved settlement because We could have contested this.

[00:23:15]Let's put our heads together and solve a problem.

[00:23:19]corruption obvious charged with any element of corruption in all the charges >> you know anything that is affecting him corruption they don't understand >> yeah but it may not be corruption but if it's fraud if it's money laundering those are also serious >> yes but they are different charges >> I get you >> but they are not any better than corruption >> yes they are any better. But if you want to sacrifice somebody or if you want to hang somebody, give him the correct name and hang him.

[00:23:55]>> I get you.

[00:23:55]>> Now we say corruption.

[00:24:02]What is corruption in this one?

[00:24:12]document.

[00:24:20]What is corruption about that? In any case, allegation for somebody to prove it >> to prove >> where you as an institution procure consultant for the project.

[00:24:34]>> Yes. consultant has a duty for why would you >> and again don't forget that part of the loan is paying the consultant >> but again we are going to be >> that's why that's why that's why some people think and way even some people in your party think you should have contested it I mean go through the trial >> you must be in it to know it you must feel it to understand for his life. He has a family also. He ahian circumstances. In fact, circumstances of the case determine the actions.

[00:25:20]Circumstances the circumstances tells you as a lawyer having disclosures. disclosure but based on what evidence state the decision to go for.

[00:25:35]>> I did not say it is because we are afraid of the evidence of the state. No, I just said this is my advice to my client say under the circumstances and uh one one big thing we need to also consider the hand of state power in criminal proceedings.

[00:25:54]>> Mhm.

[00:25:56]always very powerful sometimes to avoid why can't we settle before so that although I have the strength to also reply you let's settle it before we get there I mean this is what we are seeking to do but but again I mean in the in the settlement your aim okay through this settlement charges What would you do?

[00:26:31]>> You are trying to lead me into temptation.

[00:26:33]>> Oh no, but forgive forgive those who trespasses.

[00:26:40]>> No, we haven't got >> the best they can do is to drop punishment.

[00:26:44]>> Punishment follows conviction.

[00:26:47]>> Sure.

[00:26:50]>> Yeah. I say under plea bargaining plea bargaining >> under plea bargaining what it means that you will not go through trial again >> yes but where plea bargaining results in the dropping of the charges where is PUNISHMENT >> THAT'S THAT'S THAT'S A POINT BUT I THINK THAT'S a one option the state may not agree to that option >> no it depends >> in all cases as you know the answer to every question by a lawyer is it depends >> very well my my main 947 education. Sure.

[00:27:29]>> Particularly in areas of law. Yes.

[00:27:33]As ordinary citizens, refresh your mind of what is happening even in the areas of law. So be repeat laws.

[00:27:53]>> I mean, one big challenge for for lawyers, I mean, laws because even decisions from the court and all of those, the ones from the Supreme Court are laws in themselves, you know, something new is coming up. But some of the areas of challenges decisions in fact if the lawyer is not afraid of anything why is he going for playback again let the case go to court and defend it from Elmina and I think lawyer amb No, I I I appreciate his opinion.

[00:28:48]I I will learn from him, but I will not be motivated into unnecessary arguments.

[00:29:00]>> But but you believe maybe any other lawyer seized with this issue could have taken a different decision.

[00:29:21]solution to the challenges of my clients.

[00:29:38]But for now under the circumstances with the issues, I think the better approach is to go through. Okay.

[00:30:32]Am I ready for it?

[00:30:32]>> Okay, that's fine. What I'll do Monday, I'll be in the court to hear application for withdrawal. Yes.

[00:30:40]>> From the Samra boy case.

[00:30:42]>> Yes.

[00:30:42]>> And then and then we take it from there.

[00:30:44]But with with how how the case was conducted examination, would you be surprised judge or convict?

[00:31:01]>> You are still leading me into temptation. But uh the charges were assignment without authorization from the minister.

[00:31:09]>> From the minister? Yes. and uh facilitating >> uh the provision of money support service without ministerial permission.

[00:31:20]permission. Two charges two charges >> against we filed a motion in court assignment as part of disclosures. There is nothing like that.

[00:31:44]>> Okay.

[00:31:46]response to the court to say under land law new land act 2020.

[00:31:51]>> Yes.

[00:31:52]>> H say for assignment to be valid it must be documented and authenticated and endorsed by signatures.

[00:32:00]>> If there is nothing like that if the law says there's no there's no >> describes a procedure a procedure for a valid assignment and it is not pro provided and Yes.

[00:32:37]Is this law? Oh, >> this is the situation we have based on the two charges.

[00:32:43]mining support.

[00:32:48]Yes.

[00:32:51]There is no evidence to suggest that mining and support services if it was even so provided. Who did they provide support?

[00:33:10]Yes.

[00:33:19]Why would you charge me the house owner?

[00:33:22]>> Yeah.

[00:33:22]>> So mining support services it must be delivered to a minor >> and you made all these arguments in court.

[00:33:30]>> Oh my my brother. And in fact, >> in fact, it was regil miners dangerous policy.

[00:34:28]Community support reclamation for illegally mined portions of Ghanian land as a minor concession holder.

[00:35:12]to forest the place.

[00:35:16]Wow. I mean it's good.

[00:35:31]politics systemic system. Yes.

[00:35:56]So we cannot sit and allow our sanctuary to be populated by the devil's accusinal court. criminal court four okay I'll be there argument you know in support of the withdrawal application we'll do that sometime Oh, sure.

[00:36:36]Say senior