Court dismisses Wontumi's deferment application, judgment proceeds

    Accra High Court rejects NPP Chairman's bid to delay verdict in illegal mining case, citing incompetence.

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    The Accra High Court has dismissed an application by 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, paving the way for Justice Audrey Kocuvie-Tay to proceed with the much-anticipated ruling.

    This decision means the court will now deliver its verdict on charges of assignment of mineral rights without approval and purposely facilitating an unlicensed mining operation. The case has drawn significant national attention due to its implications for Ghana's fight against illegal mining, often referred to as 'galamsey'. The Attorney-General's office strongly opposed the deferment, arguing it was an abuse of court processes.

    The dismissal highlights the judiciary's firm stance against procedural delays, particularly in high-profile cases involving public officials and natural resources. Ghana has been grappling with widespread illegal mining, which causes severe environmental degradation and economic losses. This ruling reinforces the government's commitment to enforcing mining laws and holding individuals accountable, regardless of their political standing.

    The application for deferment was filed on July 16, 2026, by Wontumi's new lead counsel, Samuel Atta Akyea. Mr. Atta Akyea argued he needed more time to review certified court records and file comprehensive submissions. He also contended that Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), under which his client is prosecuted, is vague and inconsistent with fair trial guarantees under Article 19(11) of the 1992 Constitution. He requested the court refer this constitutional question to the Supreme Court.

    However, the prosecution maintained that the accused had legal representation throughout the trial. They argued that new counsel should obtain case records from the outgoing lawyer, not the court registry. The state also questioned the timing of Mr. Atta Akyea's appointment, noting a delay between his public announcement on June 15, 2026, and his formal notice of appointment on June 22, 2026. This delay was described as excessive and unjustified by the prosecution.

    Wontumi, together with Akonta Mining Company Limited and Kwame Antwi, a director of the company, face charges of permitting two individuals to undertake mining operations on the Samreboi concession without ministerial approval. The prosecution presented four witnesses during the trial. Henry Okum, a small-scale miner, testified about a verbal agreement with Wontumi for land reclamation and mining, but confirmed no written agreement or ministerial approval existed.

    Joseph Iroko, Senior Manager for Legal Affairs at the Minerals Commission, confirmed that Commission records showed no application or approval for Akonta Mining to assign the concession. The court previously dismissed a 'no case' submission from Wontumi's lawyers, ruling that the prosecution had established a prima facie case. Wontumi, in his defence, denied authorising mining, stating Okum was only contracted for land reclamation. Several defence witnesses, including former government officials, testified.

    The court's decision to proceed with judgment signals a potential turning point in this significant legal battle. The outcome will be closely watched by environmental activists, political observers, and the mining industry. It could set a precedent for how similar cases involving prominent figures are handled in Ghana's legal system, reinforcing the rule of law and accountability in the natural resource sector.

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