Wontumi Challenges Order To Defend Galamsey Charges

Bernard Antwi Boasiako ak Wontumi 

 

Lawyers for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, have filed an appeal against the decision of a High Court in Accra which dismissed his submission of no case to answer and ordered him to mount a defence against charges related to illegal mining levelled against him and his company.

Wontumi and his company, Akonta Mining Limited, are on trial before the court for allegedly facilitating others to mine on the company’s concession at Samreboi without lawful authority. They have both denied the allegations.

The court, presided over by Justice Audrey Kocuvie-Tay, on March 16, 2026, had held that based on the evidence led by the Office of the Attorney General so far, there is a rebuttable presumption that Wontumi and his company have committed the offences they have been charged with.

But his lawyers have filed a notice of appeal at the Court of Appeal and have subsequently filed an application for stay of proceedings at the High Court pending the hearing and determination of the appeal.

Deputy Attorney General, Dr. Justice Srem-Sai, told the court that they were served with the application yesterday morning, few hours before the day’s proceeding.

However, he said the prosecution was ready to waive its right to file an affidavit in opposition and rather prayed the court to abridge the time so that the defence counsel can move the application while the prosecution responds on point of law.

“We intend to oppose the motion on point of law since that affidavit in support thereof makes no factual deposition but only claims of law and opinions. We will, therefore, in the interest of fair and speedy trial waive our right to file an affidavit in opposition,” Dr. Srem-Sai noted.

Defence counsel, Andy Appiah-Kubi, opposed the request for abridgment of time, indicating that the Deputy Attorney General must come formally with an application for abridgment of time as the court was a court of record.

He added that the defence was not ready to move the application yesterday.

Justice Kocuvie-Tay observed that the court had inherent jurisdiction to abridge time for the hearing of the application, while adding that the court can on its own determine the application whether or not the prosecution filed an affidavit in opposition or not.

That notwithstanding, she adjourned the trial to April 2, 2026 for the application to be moved.

Accusations

Wontumi is on trial on allegations he permitted other individuals to undertake mining on his Akonta Mining concession at Samreboi in the Western Region without a written approval from the Minister for Lands and Natural Resources.

He has been charged with one count of assignment of mineral rights without approval, and another count of purposely facilitating an unlicensed mining operation, contrary to Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).

His company, Akonta Mining and another person identified as Kwame Antwi, who is on the run, have been charged with the same offences. They have both denied the charges.

The prosecution called four witnesses to make its case against the accused persons and the company.

BY Gibril Abdul Razak