The Criminal Court 4 Division of the High Court in Accra has dismissed an application by lawyers for NPP Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, seeking to defer judgment and refer aspects of the case to the Supreme Court for constitutional interpretation, before proceeding to deliver its judgment in the Samreboi mining case.
Justice Audrey Kocuvie-Tay ruled that the application for adjournment lacked merit after defence counsel informed the court that substantive lawyer Samuel Atta Akyea was out of the country and would return on July 22.
Holding brief for Atta Akyea, Charles Boakye told the court that the defence had, on July 16, filed an application for the deferment of judgment and a constitutional referral, adding that the motion had also been scheduled for hearing on Monday.
He further explained that the law firm of Zoe, Atta Akyea & Co. had written to the court’s registry on July 17 to notify the court that lead counsel was outside the jurisdiction and requested that the application be adjourned to a date after his return.
However, Justice Kocuvie-Tay refused the request, stating that if counsel had a prior engagement, the court ought to have been informed earlier.
“The law on adjournment is for the convenience of the court and lies within the discretion of the court. This court cannot grant the request. The application for adjournment is refused,” the judge ruled.
The court further held that the pending application for deferment of judgment and constitutional referral did not require oral arguments before it could be determined.
“The court has discretion on how a motion should be dealt with. The application need not necessarily be moved. Once the application is filed, it is properly before the court. I deem it moved,” Justice Kocuvie-Tay said.
She subsequently dismissed the application and proceeded with the delivery of judgment.
Chairman Wontumi, Akonta Mining Company Limited and a third accused person, Kwame Antwi, are standing trial over alleged illegal mining activities on the company’s concession at Samreboi in the Western Region.
The prosecution alleges that the accused unlawfully assigned mineral rights on the concession without the approval of the sector minister and facilitated mining activities without the required authorisation, contrary to the Minerals and Mining Act.
