Private legal practitioner Martin Kpebu explained that a commercial transaction can lead to civil and criminal proceedings. He noted that a business dispute does not prevent criminal prosecution.
Kpebu discussed the Ghana EXIM Bank case involving Chairman Wontumi. The charges include defrauding by false pretences, uttering a forged document, money laundering, and intentionally causing financial loss to a public body.
He stated that similar conduct could have different legal consequences. This depends on the circumstances and the actions taken by the affected party or the state.
“There are many transactions with both criminal and civil consequences,” he said.
To illustrate this, Kpebu used an example of one person slapping another. The victim can seek compensation through civil action or report it for possible criminal proceedings.
“One conduct, a slap, can go through either channel,” he explained.
Applying this principle to commercial transactions, Kpebu noted that the state may pursue criminal charges for offences like fraud or forgery.
“The prosecution can view it as either a civil case or a criminal case,” he said on TV3.
He added that courts handle cases where commercial transactions result in criminal prosecutions. Whether charges in Wontumi’s case will be established depends on evidence and court assessment.
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