The Accra High Court has dismissed an application filed by lawyers for New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, seeking to postpone the delivery of judgment in the high-profile Samreboi mining case.
In a ruling delivered on Monday, the court described the application as “incompetent and moot,” clearing the way for Justice Audrey Kocuvie-Tay to proceed with judgment in a case that has become one of Ghana’s most closely watched prosecutions linked to illegal mining, popularly known as galamsey.
The application to defer judgment was filed on July 16, 2026, by Wontumi’s newly appointed lead counsel, Samuel Atta Akyea. The lawyer argued that additional time was needed to obtain certified records of proceedings and prepare comprehensive written submissions after taking over the case from former counsel Andy Appiah-Kubi.
Mr. Atta Akyea further challenged the constitutionality of Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), arguing that the provision is vague and inconsistent with the fair trial guarantees under Article 19(11) of Ghana’s 1992 Constitution. He asked the court to refer the constitutional issue to the Supreme Court and, failing that, to acquit and discharge his client.
Attorney-General Opposed the Application
The Office of the Attorney-General strongly opposed the request, describing it as an abuse of the court process intended to delay justice.
State prosecutors argued that Wontumi had enjoyed continuous legal representation throughout the trial and that the change of lawyers was a voluntary decision. According to the prosecution, any case records required by the new legal team should have been obtained from outgoing counsel rather than through a request to delay the proceedings.
The Attorney-General further questioned the timing of the application, noting that although the new lawyer publicly announced his involvement weeks earlier, the formal notice of appointment was filed much later. The prosecution maintained that granting the application would undermine the efficient administration of justice.
Charges Against Chairman Wontumi
Chairman Wontumi, together with Akonta Mining Company Limited and company director Kwame Antwi, who is currently at large, is facing charges relating to the alleged unauthorized assignment of mineral rights and facilitating unlicensed mining operations on the Samreboi concession.
The prosecution alleges that mining activities were permitted without obtaining the mandatory approval from the sector minister, contrary to Ghana’s mining laws. The case forms part of broader government efforts to crack down on illegal mining activities that continue to threaten the country’s forests, rivers and mineral resources.
Evidence Presented During Trial
During the trial, the prosecution called four witnesses to support its case.
One witness, small-scale miner Henry Okum, testified that he had entered into a verbal agreement with Chairman Wontumi to undertake mining and land reclamation activities on the concession. However, under cross-examination, he admitted there was no written agreement or ministerial approval authorizing the arrangement.
Another prosecution witness, Joseph Iroko, Senior Manager for Legal Affairs at the Minerals Commission, told the court that official records contained no evidence that Akonta Mining had obtained approval to assign the concession or transfer mining rights.
Earlier in the proceedings, the court dismissed a submission of no case filed by the defence, ruling that the prosecution had established a prima facie case requiring the accused persons to open their defence.
Judgment to Proceed
With the dismissal of the deferment application, the High Court proceeded toward delivering its long-awaited judgment in the Samreboi mining case.
The outcome is expected to attract significant political and public attention, given Chairman Wontumi’s prominent role within the opposition NPP and the wider national campaign against illegal mining.
