The High Court’s Criminal Division in Accra has directed the Ashanti Regional Head of the New Patriotic Party (NPP), Bernard Antwi Boasiako, widely referred to as Chairman Wontumi, to present his defense in a current criminal case involving mining activities at Samreboi.
Judge Audrey Kocuvie-Tay issued the decision following the rejection of a no-case submission by attorneys representing Wontumi and Akonta Mining Company Limited.
The court determined that the prosecution had presented a preliminary case, indicating that the individuals accused are now required to address the charges leveled against them.
In a concise decision, the judge mentioned that the evidence provided by the prosecution was enough to compel the defendant to submit a response. She instructed the involved parties to officially request the complete written judgment.
Wontumi, along with Akonta Mining and another person, Kwame Antwi—who is reportedly a co-owner of the company but is currently missing—are being charged with criminal offenses linked to suspected improper mining operations at a site in Samreboi.
The prosecutors charge the defendants with transferring mineral rights without obtaining the necessary permission from the minister of the sector and enabling mining activities without the required license.
The prosecution argues that the defendant permitted another miner to work on the concession without adhering to the legal procedures related to mining rights in Ghana.
The legal team representing Chairman Wontumi, headed by Andy Appiah-Kubi, previously asked the court to throw out the case, claiming the prosecution did not establish the key components of the alleged charges.
The defense argued that the prosecutors had not proven a formal handover of mining rights between Wontumi and a miner known as Henry Okum.
They also stated that witness accounts asserting Wontumi approved activities on the concession were not sufficient evidence of a transfer of mineral rights and should be considered as hearsay.
Attorneys also argued that the state did not provide sufficient evidence that any mining operations conducted on the concession were carried out without ministerial authorization.
Local prosecutors dismissed these assertions and emphasized that the evidence introduced during the trial unambiguously demonstrated the components of the accused violations.
In support of its argument, the prosecution presented four witnesses who provided testimony regarding mining operations at the Samreboi concession and the conditions under which they were carried out.
The initial prosecution witness, Michael Gyedu Ayisi, an artisanal miner who acted as a site supervisor, informed the court that he worked under Henry Okum at the mining concession.
He stated that he thought the concession was owned by Chairman Wontumi, according to details provided by Okum.
However, during cross-examination, Ayisi acknowledged he hadno documentary evidenceassociating Wontumi with any official allocation of the concession. He further informed the court that he had never met the NPP leader or observed him at the mining location.
Henry Okum, who appeared as the second witness for the prosecution, informed the court that he entered into averbal agreementwith Wontumi to perform land reclamation and mining operations within the concession.
He admitted that the agreement was not supported by any written contract, transfer document, or official endorsement.
A different witness, Detective Chief Inspector Sarfo Asiedu Kwasi, provided testimony regarding police inquiries into mining activities near Samreboi and parts of the Tano Nimiri Forest Reserve.
As he stated, a police operation in the region resulted in the detention of29 suspects. Authorities also confiscated excavators, gold, weapons, ammunition, and cash during the operation.
The court accepted various pieces of evidence such as warning statements, accusation statements, images, mining lease papers, and a fire report.
The last witness for the prosecution, Joseph Iroko, Senior Manager of Legal Affairs at Ghana’s Minerals Commission, outlined the legal system that regulates mineral concessions.
He informed the court that according to Ghanaian legislation, any transfer, assignment, or subletting of a mineral right must obtain written consent from the minister in charge of mining, after submitting an application via the Minerals Commission.
Iroko mentioned that an examination of the Commission’s files did not find any application or ministerial consent showing that Akonta Mining had assigned or transferred the Samreboi license to Henry Okum.
He stated that without this approval, any claimed transfer cannot be legally acknowledged. Following the rejection of the no case submission, the court has now requested Wontumi and the other defendants to present their version of events.
They have the option to provide testimony, summon witnesses, or stay silent according to legal provisions. The case has been postponed until March 26, 2026, allowing the defense to present its arguments.
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