The legal team of Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has announced plans to file a submission of no case in the Samreboi mining trial.
This comes after the prosecution closed its case following testimony from four witnesses regarding allegations that Wontumi unlawfully assigned a mining concession.
Speaking to Citi News, one of Wontumi’s lawyers, Enoch Afoakwa, said the defence is confident their client has no case to answer.
“We have indicated clearly to the court, and it has graciously granted us the opportunity, which is a matter of law and part of our criminal procedures, to file a submission of no case to answer. Having gone through the prosecution’s case, we believe that there is no case to answer as far as the accused persons are concerned.
“We are talking about A1 and A3, i.e. Mr. Antwi Boasiako and Akonta Mining Company Limited. Certainly, we pray the court to give us a 30-day time within which we can be able to put our thoughts together,” he said
The prosecution had called four witnesses to give evidence in the criminal trial, alleging that Wontumi assigned a mining concession at Samreboi without obtaining ministerial approval.
Following the close of the prosecution’s case, the High Court directed lawyers for Wontumi, Akonta Mining Company Limited, and a third accused person to submit written submissions of no case to answer on or before February 18, 2028.
The court will then decide whether the accused persons should be called upon to open their defence.
Charges Before the Court
Chairman Wontumi and his co-accused are standing trial for allegedly transferring or assigning mining rights in respect of Akonta Mining’s Samreboi concession to a third party, Henry Okum, without approval from the Minister responsible for Mines, contrary to the Minerals and Mining Act.
Evidence from Prosecution Witnesses
Michael Gyedu Ayisi (PW1), an artisanal miner and site supervisor, testified that he worked under Henry Okum on the Samreboi concession. He told the court that his understanding that the concession belonged to Chairman Wontumi was based on information provided by Okum.
Under cross-examination, PW1 stated that he had no documentary evidence linking Chairman Wontumi to any assignment or transfer of the concession, had never interacted directly with him, and had never seen him on the mining site.
The second witness, Henry Okum (PW2), a licensed small-scale miner, said he entered into a verbal arrangement with Chairman Wontumi to undertake land reclamation and mining activities on the Samreboi concession.
He confirmed that there was no written agreement, deed of assignment, or ministerial approval validating the alleged arrangement.
Police Investigations
Detective Chief Inspector Sarfo Asiedu Kwasi (PW3) testified on police investigations into mining operations at Samreboi and parts of the Tano Nimiri Forest. He said police arrested 29 suspects and seized excavators, gold, firearms, ammunition, and cash.
Exhibits tendered included caution statements, charge statements, photographs, mining leases, and a fire report.
During cross-examination, PW3 stated that:
Chairman Wontumi was not present at the site during the police operation, and none of the arrested persons was identified as an employee of Akonta Mining.
Joseph Iroko (PW4), Senior Manager (Legal) at the Minerals Commission, provided evidence on the regulatory framework governing mining concessions, assignments, and ministerial approvals.
He explained that under Ghanaian law, any assignment, transfer, or sublease of a mineral right requires prior written approval from the Minister responsible for Mines, following an application to the Minerals Commission.
PW4 said that a search of the Commission’s records revealed no application, approval, or documentation indicating that Akonta Mining Company Limited had assigned or transferred the Samreboi concession to Henry Okum. He stated that, in the absence of ministerial approval, no assignment could be considered formally recognized.
Defence Approach
Defence counsel for Chairman Wontumi, through cross-examination, noted that there was no assignment of the Samreboi concession. He stressed that prosecution witnesses failed to provide documentary proof of any assignment.
