Bernard Antwi Boasiako aka Chairman Wontumi
A High Court in Accra has deferred to July 20, its judgment in the case of Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako (Chairman Wontumi), who is accused of assigning mineral rights and permitting others to mine on his concession without permit.
This followed a grant of an application by his new lawyer, Samuel Atta-Akyea, who urged the court to give him more time to peruse the proceedings to enable hm file a reasoned submission to aid the court in its decision.
Chairman Wontumi 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.
Application
Their lawyer, Samuel Atta-Akyea in an application dated June 23 had prayed the Court to adjourn the July 3 set to deliver the judgement to pave the way for him to “lodge a credible and competent written submission” on behalf of Wontumi and his company, Akonta Mining Company Limited.
He filed the application after Andy Appiah-Kubi, who had represented Chairman Wontumi and his company from the beginning, withdrew his services, citing certain decisions of the trail judge which he said has taken emotional and psychological toll on him.
Mr. Atta-Akyea attributed the request to the inability of the court’s registrar to furnish him with certified record of the proceedings he requested for regarding the trial.
“In the absence of the complete record, I am unable to adequately acquaint myself with the proceedings and effectively discharge my professional obligations to the 1st and 3rd Accused persons/Applicants,” he noted in the application.
He further indicated that as counsel presently on record for the accused persons it is necessary that he should be afforded a reasonable opportunity to familiarise himself with the record and advise his client appropriately.
“The grant of this application will facilitate the effective exercise of that constitutional right and secure fair trial,” he said.
He also pointed out that the application is not intended to obstruct, delay or frustrate the administration of justice but intended to enable him obtain and peruse the record of proceedings before judgment is delivered.
He added that the state will suffer no irreparable damage if the application is granted, noting that “ranting the application would enhance public confidence in the administration of justice” by ensuring that the accused “enjoy the full benefit of legal representation.”
Opposition
The application was opposed by the Office of the Attorney General which noted that Chairman Wontumi and his company, Akonta Mining Company Limited were duly represented by counsel throughout the trial and same counsel decided to withdraw his services voluntarily.
This, the AG’s office said places the burden on the outgoing lawyer to provide the new lawyer with any record of proceedings or briefs in the case and not the court’s registry.
The affidavit further argued that Mr. Atta-Akyea abandoning the proper source of obtaining the records of proceedings or briefs in the case and rather resorting to obtaining same from the court’s registry is actuated by a desire to frustrate the course of justice.
It, therefore, urged the court to exercise its discretion to refuse the application, arguing that a grant of it will constitute the Court’s endorsement of abuse of its processes and public ridicule of the justice system.
Justice Audrey Kocuvie-Tay in her ruling granted the application and gave Mr. Atta-Akyea up to July 13 to file his submission while fixing July 20 for judgement.
BY Gibril Abdul Razak