Dr. Dominic Ayine
The Office of the Attorney General (AG) has opposed a move by lawyers for incarcerated businessman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to recall one of the prosecution’s witnesses in the ongoing trial in which he has been accused of allegedly entering and undertaking mining in the Tano Nimiri Forest Reserve without legal authority.
His lawyer, Samuel Atta-Akyea, at the last sitting on October 27, 2026, after the prosecution’s last witness was discharged, told the court that he would be filing an application pursuant to Section 68(1) of the evidence act to recall Edward Akuoko, the prosecution’s first witness in the trial.
The provision states that “The court may, on its own motion or at the request of a party, call or recall witnesses.”
Wontumi, his company, Edward Akuoko as well as two others were accused of “extreme environmental destruction, including the devastation of approximately 13 hectares of land,” in the Tano Nimiri Forest Reserve with illegal mining activities.
The prosecution’s brief facts state that despite his company having licence to mine, its application to mine in the forest reserve was refused in August 2022. That notwithstanding, the company allegedly undertook the mining activities.
“To provide housing for the teeming number of persons working for it, A1 (Akonta Mining) put up several makeshift structures across the Forest Reserve,” the facts allege.
Edward Akuoko had been charged with offences including undertaking mining operation without licence, abetting the unauthorised felling of trees in forest reserves, and abetting the unauthorised erecting of building in forest reserve.
However, the Attorney General, during the pendency of the trial dropped all charges against Akuoko and in turn used him as prosecution witness against Chairman Wontumi and his company.
It is against this background that Mr. Atta-Akyea, who was not Chairman Wontumi’s lawyer at the time Akuoko was discharged, is seeking to recall him for further cross-examination.
Opposition
But the Attorney General has opposed the application, noting that a change of legal representation is no grounds for recalling a witness.
“That I am advised and I verily believe the same to be true that the only matters in respect of which a witness may be recalled are matters which were not known and which could not, even with the exercise of due diligence, have been known when the witness testified,” Maame Afua Osei Gyamera, an Assistant State Attorney, who swore to the affidavit, noted.
The affidavit in opposition further contends that the maters in respect of which Mr. Atta-Akyea is seeking to recall the witness are matters which were fully known at the time the witness testified, and in respect of which he had, by the proceedings of May 18, 2026, already been cross-examined.
“I am finally advised, and I verily believe the same to be true that this is a proper case where this Court ought to exercise its discretion to summarily dismiss the present application,” it added.
BY Gibril Abdul Razak