Court of Appeal battle looms in Chairman Wontumi mining trial
The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has filed an application at the Court of Appeal challenging a High Court ruling that ordered him to open his defence in an ongoing criminal trial.
Chairman Wontumi and his company are facing six counts of allegedly permitting Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without prior approval from the sector minister, as well as facilitating unlicensed mining activities.
In March this year, the High Court ruled that the prosecution had established a prima facie case against the accused persons and directed them to file their witness statements, should they intend to do so, on or before April 14, 2026.
However, when the case was called on April 20, the accused persons had not complied with the court’s directive.
Lead counsel for the accused, Andy Appiah-Kubi, told the court that they were unable to file the witness statements because they had lodged processes at the Court of Appeal challenging the High Court’s ruling.
This comes after an earlier appeal against the same ruling was dismissed by the High Court.
Counsel further informed the court that an application for stay of proceedings had been filed at the Court of Appeal, arguing that continuing with the trial while an appeal is pending would prejudice the outcome of the case.
He therefore urged the High Court to adjourn proceedings pending the determination of the appeal.
Prosecution opposes adjournment
The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application for adjournment, arguing that the accused persons were not entitled to a stay of proceedings while the appeal is pending.
“Our prayer is that having refused to file a defence or call a witness. There is only one path left for the court, namely, to proceed to convict. We therefore pray that this Honourable Court convict the accused persons,” he said.
Court’s position
Presiding judge, Justice Audrey Kocuvie-Tay, held that the filing of a stay of proceedings at the Court of Appeal does not automatically halt proceedings at the High Court, adding that there are “a plethora of authorities” supporting that position.
She indicated that the High Court would proceed with the matter and would comply with any decision reached by the Court of Appeal when available, referencing the case of Republic v Ato Forson and Others.
The court has granted the accused persons up to May 5, 2026, to file their witness statements should they choose to do so.
The case has been adjourned to May 7, 2026.
