The Accra High Court has dismissed an application by lawyers for Ashanti Regional New Patriotic Party (NPP) Chairman Bernard Antwi-Boasiako, widely known as Chairman Wontumi, to postpone judgment in the high-profile Samreboi mining case.
Justice Audrey Kocuvie-Tay ruled that the motion was incompetent and had become moot, clearing the path for the court to deliver its judgment in a trial that has remained under close public scrutiny because of its links to alleged illegal mining activities.
Chairman Wontumi arrived at the court on Friday morning as proceedings resumed, with expectations high over the outcome of a case that has stretched over several months.
Court Rejects Fresh Legal Challenge
The application was filed on July 16 by Wontumi's new lead counsel, Samuel Atta Akyea, who recently assumed conduct of the defence after taking over from former lawyer Andy Appiah-Kubi.
Mr. Atta Akyea argued that he required additional time to obtain certified records of the proceedings before filing comprehensive written submissions.
He also challenged the legal basis of the prosecution, contending that Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), is "vague" and "overbroad" and inconsistent with the fair trial guarantees under Article 19(11) of the 1992 Constitution.
The defence urged the court to refer the constitutional issue to the Supreme Court. Failing that, counsel asked the court to acquit and discharge his client.
The Attorney-General's office resisted the application, describing it as an abuse of court process intended to delay justice.
State prosecutors argued that Wontumi had been represented throughout the trial by lawyers of his own choosing and maintained that any records needed by new counsel should have been obtained from the outgoing legal team rather than the court registry.
The prosecution also questioned the timing of Mr. Atta Akyea's appointment, noting that although he publicly announced his involvement in June, he delayed filing his formal notice of appearance.
Case Centres on Mining Concession
Chairman Wontumi, Akonta Mining Company Limited and the company's director, Kwame Antwi, who remains at large, are facing charges of assigning mineral rights without approval and facilitating unlicensed mining operations on the Samreboi concession.
Small-scale miner Henry Okum told the court he entered into a verbal agreement with Wontumi to carry out land reclamation and mining activities. Under cross-examination, however, he acknowledged there was no written agreement or ministerial approval supporting the arrangement.
Joseph Iroko, Senior Manager for Legal Affairs at the Minerals Commission, testified that searches conducted by the Commission found no application or approval authorising Akonta Mining to transfer or assign the concession.
Earlier in the proceedings, the court dismissed a submission of no case filed by the defence, ruling that the prosecution had established a prima facie case requiring the accused to open his defence.
Taking the witness stand, Wontumi denied authorising any mining on the concession, insisting that Henry Okum had only been engaged to undertake land reclamation works.
The defence also called former Deputy Lands Minister George Mireku-Duker and former Western Regional Minister Kwabena Okyere Darko-Mensah to testify before the court prepared to deliver its long-awaited judgment.
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