High court dismisses chairman Wontumi’s no-case submission

The Accra High Court on Monday dismissed a no-case submission filed by Bernard Antwi Boasiako, popularly known as Chairman Wontumi, in the case The Republic v Bernard Antwi Boasiako, Kwame Antwi & Akonta Mining Company Ltd.

The ruling means that the prosecution has successfully established a prima facie case against the New Patriotic Party Ashanti Regional Chairman, his company Akonta Mining, and his co-accused, Kwame Antwi, who is currently at large.

Following the court’s decision, the State directed Chairman Wontumi and his company to open their defence and explain the evidence brought against them, including calling any witnesses they might have.

This development was confirmed by Deputy Attorney General and Minister of Justice, Justice Srem-Sai, in a post on his official Facebook page.

“This afternoon, the High Court dismissed Chairman Wontumi’s submission of no case in The Republic v Bernard Antwi Boasiako, Kwame Antwi & Akonta Mining Company Ltd. This means two things: (1) That our illustrious State Attorneys have proven the allegations in the case, and (2) that if Chairman Wontumi fails to give a sensible explanation to the accusations, he will be convicted and punished. The Court has since directed him and his Akonta Mining to explain their side of the story (if they have any explanations) by calling witnesses (if they have any witnesses to call). Da yie,” he wrote.

The High Court, presided over by Justice Audrey Kokuvie Tay, ruled that the prosecution had led sufficient credible and admissible evidence to establish all essential elements of the charges against the accused.

Mr Boasiako, his company, and Kwame Antwi are standing trial for allegedly undertaking mining operations at Samreboi in the Western Region of Ghana without the approval of the sector minister. They are also accused of permitting two individuals to mine on the concession without authority and facilitating these operations.

During the proceedings, Mr Boasiako’s lawyers had argued that the prosecution had “woefully failed” to prove the charges, claiming that after calling four witnesses, the essential ingredients of the offences had not been established.

However, the State, led by Justice Srem-Sai, contended that Mr Boasiako admitted in his investigation caution and charge statements that he allowed the second prosecution witness access to the concession. The prosecution also argued that the accused provided financial and logistical support to the unlawful mining activities.

“He financially aligned himself with the unlawful operations, granted operational access, and provided logistical support without the required approvals,” the State submitted.

The court agreed with the prosecution, ruling that there was sufficient evidence to require the accused to mount a defence. The case will now proceed to the defence stage, where Chairman Wontumi and his co-accused will present their side of the story.

The trial has drawn nationwide attention due to Chairman Wontumi’s prominent political position and the ongoing national debate on illegal mining, commonly known as galamsey, in Ghana.