High Court dismisses Wontumi's ‘no case’ submission - Orders him to open defence

The Criminal Division of the Accra High Court has ordered the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, aka Chairman Wontumi, to open his defence after the court dismissed his submission of no case. 

Mr Boasiako is standing trial for mining offences.

The court, presided over by Justice Audrey Kocuvie-Tay, gave the order in court yesterday when she dismissed the submission of no case filed by Chairman Wontumi and his company, the Akonta Mining Company Limited.

"On all the offences charged, there is a rebuttal presumption that the accused persons have committed the offences," the judge said.

Chairman Wontumi and his company have been charged with six counts of permitting Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without obtaining prior approval from the sector minister, as well as facilitating unlicensed mining.

The accused have pleaded not guilty to the charges.

The court has given them seven days to update the court on whether they would want to remain silent so the court can determine the case on the merits of the prosecution's case, or whether Chairman Wontumi would testify himself or file witness statements from those he intends to call to testify on his behalf.

The court said it would make available the reasoned ruling to the parties later.

The case has been adjourned to March 26, 2026.

During the trial, the prosecution called four witnesses to firm up its case against the accused persons.

After the prosecution rested, the accused persons decided to exercise their rights by filing a submission of no case under Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).

Section 173 of Act 30 allows a trial court to acquit an accused person if the court concludes that the prosecution had failed to make a case sufficient enough for the accused person to open his defence.

Lawyers for the accused persons had argued that the prosecution failed to make any prima facie case against their clients to warrant them to open their defence.

They, therefore, urged the court to acquit and discharge them.

Lawyer for the accused, Andy Appiah-Kubi, argued that his client’s decision to permit the two individuals to mine on the concession did not amount to an assignment of mineral rights.

He maintained that the prosecution’s failure to adduce evidence of an assignment was not a minor or technical lapse but a fundamental failure to prove an essential element of the alleged offences.

On the charge of facilitating unlicensed mining, counsel submitted that the mere occurrence of unlicensed mining activities on a concession held by his clients did not establish that they purposely facilitated such operations.

Opposed

The prosecution, led by the Deputy Attorney-General, Dr Justice Srem-Sai, in its response to the submission of no case, urged the court to order the accused persons to open their defence.

He argued that transfer did not cease to be transfer simply because it was not in writing.

He added that when a right holder grants the right to exploit a mineral to another person, a transfer has occurred, regardless of whether it was formally done.

The deputy A-G further argued that Akonta Mining Company Limited’s conduct in allowing the prosecution witness to operate on the concession could not be described as passive tolerance, insisting that "it is clear evidence of permission to conduct a mining activity on the concession".