Andy Appiah-Kubi
The legal team of Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako (Chairman Wontumi) has changed following the decision to drop Andy Appiah-Kubi and appoint Samuel Atta-Akyea, as a High Court in Accra is set to deliver its judgment in the Samreboi ‘illegal’ mining case.
The court, yesterday struck out an application filed by Mr. Appiah-Kubi to withdraw as counsel for Chairman Wontumi, who has been accused of permitting others to mine on his Akonta Mining Company Limited’s concession at Samreboi in the Western Region without authorisation from the sector minister.
The court, presided over by Justice Audrey Kocuvie-Tay, said the application was alien and not known to any criminal procedure rule, and subsequently dismissed it for being incompetent.
Withdrawal
Mr. Appiah-Kubi had filed an application seeking to withdraw his services as Chairman Wontumi’s lawyer, barely three weeks before the court delivers its judgment.
He indicated in the application that he believes his client’s interest will be better served if he withdraws to allow other professionals to come in and take over from where he is leaving off.
He pointed out that the decision to withdraw is influenced by certain occurrences during the trial and some decisions taken by the court in which he said he feels disappointed and does not want same to affect his performance and, ultimately, the fortunes of his clients.
He moved the application yesterday before the court, hoping the court will grant his request. Prior to that, he had announced himself as counsel for the accused person.
Opposition
The application was opposed by Deputy Attorney General, Dr. Justice Srem-Sai, who argued that the court did not have jurisdiction to determine such an application.
He argued that there is no rule or legal requirement requiring a defence counsel in a criminal trial to seek leave from a judge before withdrawiung his service for an accused.
He further argued that Mr. Appiah-Kubi has no standing in the matter as he is not an accused person, hence could not file an interlocutory application for the court to grant such request.
Dr. Srem-Sai therefore urged the court to strike out the application for being incompetent.
Ruling
Justice Kocuvie-Tay, in her ruling, held that just as there is no procedural requirement for a defence lawyer to file appearance in a criminal trial, there is no such requirement on him to file a motion seeking leave of the court to withdraw his services.
She was of the opinion that Mr. Appiah-Kubi did not need her permission to withdraw his service, noting that that decision is a matter between him and Chairman Wontumi.
She, however, expressed concern about the lawyer ‘abandoning’ his client at this stage of the trial when the court had set a date for judgment.
That notwithstanding, she said the current development will not affect the court’s timeline.
She extended the time given to the prosecution and the defence to file written addresses from June 17 to June 24, 2026, while maintaining July 3 as the day to deliver her judgment.
Atta-Akyea
Moments after the court’s decision, information popped up that Chairman Wontumi had appointed Mr. Atta-Akyea as his new counsel.
Chairman Wontumi indicated in a statement that the decision was taken after careful consultation and in the exercise of my constitutional right to legal representation by counsel of my own choosing.
“It is intended to ensure that my defence is presented fully, effectively, and in accordance with the law,” he said.
He further indicated that his decision to hire a new counsel “should not be construed as a reflection on their competence or dedication but rather as an exercise of my legal right to determine the composition of my defence team.”
He expressed gratitude to his previous legal team for “their services and commitment throughout these proceedings.”
BY Gibril Abdul Razak