A High Court in Accra is set to rule on March 10, 2026, on whether Bernard Antwi Boasiako, popularly known as Chairman Wontumi, will be required to open his defence in an ongoing illegal mining trial or be discharged.
The case also involves his company, Akonta Mining Company Limited, which faces multiple charges linked to alleged unauthorized mining activities.
Defence Files No-Case Submission
Through lead counsel Andy Appiah-Kubi, Wontumi filed a 43-page no-case submission arguing that the prosecution has failed to establish a prima facie case on all six counts.
According to the defence, the Attorney-General’s office did not present sufficient evidence to justify calling the accused to open a defence. The legal team described the prosecution’s case as containing “fundamental and fatal deficiencies.”
Under Section 173 of the Criminal and Other Offences Procedure Act, 1960 (Act 30), a court must discharge an accused person if it finds that the prosecution has not made out a sufficient case requiring a response.
Nature of the Charges
The charges stem from allegations that Chairman Wontumi’s Akonta Mining permitted two individuals to conduct mining operations at Samreboi in the Western Region without prior ministerial approval.
Prosecutors argue that this action violated the Minerals and Mining (Amendment) Act, 2019 (Act 995), and amounted to facilitating unlicensed mining activities.
However, the defence maintains that the state’s own witnesses weakened the case during cross-examination.
Key Testimonies Highlighted
One prosecution witness reportedly admitted he had never met or communicated with Wontumi and did not hold a mining licence. He also confirmed there was no written agreement or financial arrangement linking him directly to the accused.
Additionally, a Minerals Commission official is said to have testified that there was no formal record of an assignment of mineral rights in the Commission’s database relating to the accused.
The defence further argued that even if some form of permission was granted, it would not legally amount to an assignment of mineral rights, which requires a formal transfer process under Ghanaian mining law.
Prosecution to Oppose Submission
Deputy Attorney-General Justice Srem-Sai, who is leading the prosecution, has indicated that the state will oppose the no-case submission.
The matter is being presided over by Justice Audrey Kocuvie-Tay, who is expected to determine whether the prosecution has established enough evidence to require the accused to mount a defence.
If the court rules against Wontumi and his company, they will be called upon to present their case. If not, they will be discharged.
Third Accused Remains at Large
A third accused person, Kwame Antwi, a director of Akonta Mining, is facing separate counts related to the alleged assignment of mineral rights without approval and facilitating unlicensed mining. He is currently reported to be at large.
SOURCE: TheAfriPost.com
