The Criminal Division of the High Court in Accra has directed Bernard Antwi-Boasiako, widely known as Chairman Wontumi, and his company, Akonta Mining Company Limited, to open their defence in the ongoing illegal mining case relating to a concession at Samreboi in the Western Region.
The ruling, delivered on Monday, March 16 by Justice Audrey Kocuvie-Tay, followed a submission of no case to answer filed by the defence after the prosecution closed its case.
The Charges
Chairman Wontumi, the Ashanti Regional Chairman of the New Patriotic Party (NPP), is standing trial alongside Akonta Mining Company Limited and one of the company’s directors, Kwame Antwi.
The prosecution alleges that the accused persons unlawfully transferred or assigned mineral rights over Akonta Mining’s concession at Samreboi to individuals who subsequently carried out mining operations on the site. According to the state, this alleged assignment was done without the prior written approval of the Minister responsible for Mines, as required under Ghana’s mining laws.
The accused persons have pleaded not guilty and are currently on bail.
The Prosecution’s Case
Before closing its case, the prosecution called four witnesses in an effort to establish that the concession had been unlawfully assigned and that mining activities were conducted on the land without the statutory approval required by law.
The first witness, Michael Gyedu Ayisi, an artisanal miner who worked as a site supervisor, told the court that he had been working on the Samreboi concession under the direction of Henry Okum. He indicated that he came to understand that the concession belonged to Chairman Wontumi through Mr Okum.
However, during cross-examination, Mr Ayisi conceded that he had no documentary evidence linking Chairman Wontumi to any assignment or transfer of the concession. He also admitted that he had never interacted with Chairman Wontumi personally and had never seen him at the mining site.
The prosecution’s second witness, Henry Okum, a licensed small-scale miner, testified that he had entered into a verbal agreement with Chairman Wontumi which allowed him to undertake land reclamation and mining activities on the concession.
Detective Chief Inspector Sarfo Asiedu Kwasi, who testified as the third prosecution witness, described the police investigation into illegal mining activities at Samreboi and within parts of the Tano Nimiri Forest.
He told the court that a police operation at the site resulted in the arrest of 29 suspects and the seizure of excavators, gold, firearms, ammunition, and cash. Under cross-examination, however, the officer confirmed that Chairman Wontumi was not present during the operation and that none of the arrested individuals was identified as an employee of Akonta Mining.
The fourth witness, Joseph Iroko, Senior Manager (Legal) at the Minerals Commission, testified on the legal framework governing mineral rights in Ghana. He explained that under Ghanaian law, any assignment, transfer, or sublease of a mineral right must receive prior written approval from the Minister responsible for Mines after an application has been processed through the Minerals Commission.
The Defence’s Submission of No Case
After the prosecution closed its case, lawyers for Chairman Wontumi filed a submission of no case to answer under Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
Lead counsel Andy Appiah-Kubi argued that the prosecution had failed to establish a prima facie case against the accused persons under the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Counsel contended that the evidence led by the prosecution did not demonstrate that Chairman Wontumi or Akonta Mining had assigned their mineral rights to any person to conduct mining operations on the Samreboi concession. On that basis, the defence urged the court to acquit and discharge the accused persons.
The State’s Response
Opposing the application, the Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, argued that the prosecution had presented credible and legally sufficient evidence addressing all the essential elements of the offences charged.
According to the Deputy Attorney-General, documentary evidence before the court established the mineral rights involved and showed that the mining activities were undertaken without the statutory approval required under the law.
He further submitted that witness testimony had demonstrated the presence of mining machinery and the extraction of gold on the concession.
On that basis, the prosecution urged the court to dismiss the submission of no case to answer and call upon the accused persons to present their defence.
The Court’s Ruling
In her ruling, Justice Audrey Kocuvie-Tay dismissed the defence’s submission and held that the prosecution had established a prima facie case.
The court stated that, based on the evidence presented so far, there was a rebuttable presumption that the first and third accused persons had committed the offences with which they were charged.
“The prosecution has made a case against the accused,” the court held.
The judge consequently directed Chairman Wontumi and Akonta Mining Company Limited to open their defence. Since Chairman Wontumi is representing the company in the proceedings, he will bear the responsibility of presenting the defence on its behalf.
What the Decision Means
The ruling does not amount to a finding of guilt. Rather, it signifies that the court is satisfied that the prosecution has produced sufficient evidence which, if left unanswered, could support a conviction.
The trial will therefore proceed to the next stage, where the accused persons will have the opportunity to challenge the prosecution’s evidence, present witnesses, and offer their own account of the events surrounding the alleged illegal mining operations.
The case has attracted significant public interest due to its connection with Ghana’s ongoing efforts to curb illegal mining activities across the country.
The proceedings are expected to continue as the defence prepares to present its case before the High Court.
