Wontumi Seeks Acquittal, Says Prosecution Failed To Prove Case

Bernard Antwi Boasiako, widely known as Chairman Wontumi, has filed a submission of no case to answer at the High Court, challenging the six criminal charges brought against him by the Attorney-General.

In a 43-page application, the first accused, together with the third accused, Akonta Mining Company Limited, argue that the prosecution failed to adduce sufficient evidence to establish a prima facie case after calling four witnesses.

The charges are linked to alleged illegal mining activities in the Samreboi Forest Reserve.

Through his lawyers, led by Andy Appiah-Kubi, the accused contends that the prosecution’s case is fraught with what they describe as “fundamental and fatal deficiencies” that cannot be remedied.

The defence maintains that the evidence presented was unreliable, uncorroborated and largely hearsay.

Relying on Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), counsel for the accused submitted that the court is under a mandatory obligation to acquit an accused person where the prosecution fails to establish a case requiring a defence.

The application invokes the well-known Ali Kassena test, which sets out the circumstances under which a submission of no case may succeed. According to the defence, the prosecution failed under both limbs of the test – first, by not providing evidence on essential elements of the offences and second, by presenting evidence so discredited and contradictory that no reasonable tribunal could safely convict on it.

Detailing the testimony of the prosecution witnesses, the defence pointed to the evidence of PW1, Michael Gyedu Ayisi, who admitted under cross-examination that he never met Chairman Wontumi and did not possess a mining licence.

His claim of having permission to mine, the defence argued, was based solely on what PW2 allegedly told him.

Similarly, PW2, Henry Okum, acknowledged that he had no mining licence, had not applied for one and did not enter into any written agreement with either Chairman Wontumi or Akonta Mining Company Limited.

The defence further noted that the Police Investigator (PW3) conceded that no documentary evidence of any assignment of mineral rights was found and that Chairman Wontumi was not interviewed during investigations.

PW4’s testimony, counsel added, confirmed that there was no record at the Minerals Commission of any assignment of mineral rights to the miners.

On this basis, the accused argue that the prosecution failed to prove critical elements of the offences, including evidence of an assignment of mineral rights under the Minerals and Mining

Act, 2006 (Act 703) purposeful facilitation of unlicensed mining, absence of ministerial approval and corporate authority.

At Tuesday’s sitting, Deputy Attorney-General Dr Justice Srem-Sai described the filing as “very voluminous” and requested a short adjournment to review the submission.

“We have been given a very voluminous document a few minutes ago titled submission of no case to answer. Naturally, such submissions are expected to be simple.

“The volume suggests the defence struggled to make its case. We pray for a short adjournment to review and, if necessary, respond. We believe there is a very strong case for the accused persons to answer,” he told the trial High Court.

The court, presided over by Her Ladyship Audrey Kocuvie-Tay, was also informed that it was yet to receive the official copy of the defence’s submission.

The prosecution indicated its intention to assist the court with a written response. The presiding judge subsequently adjourned the matter for a status hearing.

The case has been adjourned to March 10, 2026 at 9:00 am.

 

 

 

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