The Accra High Court has dismissed an application by lawyers for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking to defer the delivery of judgment in his ongoing Samreboi concession trial.
The court described the application as incompetent and moot, clearing the way for Justice Audrey Kocuvie-Tay to proceed with the delivery of judgment in the case, which has attracted national attention due to its implications for the fight against illegal mining.
Chairman Wontumi arrived at the Accra High Court earlier today as the court prepared to rule on charges of assignment of mineral rights without approval and deliberately facilitating unlicensed mining operations.
The application for a deferment was filed on July 16, 2026, by Wontumi’s new lead counsel, Samuel Atta Akyea, who took over the case from previous lawyer Andy Appiah-Kubi.
Mr Atta Akyea argued that he needed additional time to obtain and review the certified record of proceedings to enable him to file comprehensive written submissions on behalf of his client.
He further argued that Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), under which his client is being prosecuted, is vague, overbroad, and inconsistent with the fair trial guarantees under Article 19(11) of the 1992 Constitution.
He therefore asked the court to refer the constitutional question to the Supreme Court and, if the request was declined, to acquit and discharge his client.
The Attorney-General’s Office opposed the application, describing it as an abuse of court process intended to delay the administration of justice.
In an affidavit filed in opposition, the prosecution argued that the accused persons had been represented by lawyers of their choice throughout the trial and that the change of counsel was voluntary and amicable.
The State maintained that the appropriate source for new counsel to obtain case records was the outgoing lawyer and not the court registry.
The prosecution also questioned the timing of Mr Atta Akyea’s appointment, noting that although he announced his involvement on June 15, 2026, he only filed a formal notice of appointment on June 22, 2026.
The Attorney-General urged the court to dismiss the application and proceed with the scheduled judgment, arguing that granting the request would undermine the administration of justice.
Chairman Wontumi, together with Akonta Mining Company Limited and Kwame Antwi, a director of the company who is currently at large, has been charged with permitting two persons to undertake mining operations on the Samreboi concession without approval from the sector minister.
The prosecution called four witnesses during the trial. Henry Okum, a small-scale miner, testified that he entered into a verbal agreement with Wontumi to undertake land reclamation and mining activities on the concession. However, he admitted under cross-examination that there was no written agreement, deed of assignment, or ministerial approval backing the arrangement.
Joseph Iroko, Senior Manager for Legal Affairs at the Minerals Commission, also testified that a search of the Commission’s records revealed no application or ministerial approval indicating that Akonta Mining had assigned or transferred the concession to Okum.
After the prosecution closed its case, the court dismissed a submission of no case filed by Wontumi’s lawyers, ruling that the prosecution had established a prima facie case requiring the accused to open his defence.
In his defence, Wontumi denied authorising anyone to undertake mining activities on the concession, insisting that Henry Okum was contracted only to provide land reclamation services.
The defence also called several witnesses, including former Deputy Minister for Lands and Natural Resources George Mireku-Duker and former Western Regional Minister Kwabena Okyere Darko-Mensah.
