A High Court in Accra has dismissed a submission of no case filed by lawyers for Bernard Antwi Boasiako, widely known as Chairman Wontumi, and directed him to open his defence in an ongoing illegal mining trial.
The ruling was confirmed by Ghana’s Deputy Attorney General and Minister for Justice, Justice Srem-Sai, who said the decision means the prosecution has presented sufficient evidence requiring the accused to respond to the allegations.
The case, titled The Republic v Bernard Antwi Boasiako, Kwame Antwi and Akonta Mining Company Limited, involves multiple charges linked to alleged illegal mining activities.
According to Dr Srem-Sai, the dismissal of the application indicates that the prosecution has established a prima facie case that requires an explanation from the accused.
“This afternoon, the High Court dismissed Chairman Wontumi’s submission of no case. It means the State Attorneys have proven the allegations sufficiently for the court to demand an explanation.”
Ghana’s Deputy Attorney General and Minister for Justice, Justice Srem-Sa
Court Directs Accused to Present Defence
Following the ruling, the court ordered Mr Boasiako and the mining company to present their defence by calling witnesses and offering explanations regarding the accusations levelled against them.
Dr Srem-Sai explained that if the accused fail to provide credible responses to the charges, the court may proceed to convict based on the evidence already presented by the prosecution. “If Chairman Wontumi fails to give a sensible explanation to the accusations, he will be convicted and punished,” he noted.
The directive effectively moves the case into the defence stage, where the accused persons will have the opportunity to challenge the prosecution’s evidence and present their own version of events.
The case centres on allegations that Mr Boasiako and his associates engaged in illegal mining operations, commonly referred to in Ghana as galamsey. Prosecutors have accused the defendants of assigning mineral rights without the required approval from the sector minister responsible for mining.
They are also alleged to have facilitated unlicensed mining activities at a concession located in Samreboi in the Western Region. Authorities say the alleged operations involved activities within protected areas, including forest reserves, raising concerns about environmental damage and regulatory violations.
Under Ghanaian law, engaging in illegal mining can carry severe penalties, including prison sentences ranging from fifteen to twenty five years.
Evidence Presented by Prosecution
The ruling was delivered by Audrey Kokuvie Tay, who determined that the prosecution had presented sufficient evidence to justify calling on the accused to respond.
During the trial, the prosecution relied on testimony from four witnesses to establish the basis of the charges. Justice Tay ruled that the evidence presented by the State created a case that required further examination and explanation by the defence.
The court therefore dismissed the application by the defence that sought to have the accused discharged without presenting their side of the story. Lawyers representing Mr Boasiako had argued that the prosecution failed to establish the essential elements required to sustain the charges.
The defence team, led by Andy Appiah-Kubi, maintained that the evidence presented by the State was insufficient to support the allegations. They therefore asked the court to dismiss the case and acquit their client without requiring him to open a defence.
However, the court rejected this argument after reviewing the prosecution’s evidence and witness testimony. The ruling means the defence must now present evidence and explanations in response to the charges.
The case originates from investigations into the activities of Akonta Mining within a concession area in Samreboi. Authorities allege that the company engaged in illegal mining operations and conducted unauthorised activities within forest reserves.
Mr Boasiako has previously denied any involvement in illegal mining and has maintained that his company possesses valid licences authorising its operations. His legal team had submitted documents during earlier stages of the proceedings in an effort to demonstrate that the company’s activities were lawful.
Despite these claims, the prosecution proceeded with the case, arguing that the operations conducted within the concession violated Ghana’s mining regulations.
Trial Moves to Defence Stage
With the dismissal of the no case submission, the trial is expected to continue as the defence begins presenting its case before the court. Mr Boasiako and the other accused persons will have the opportunity to call witnesses and provide explanations intended to counter the prosecution’s allegations.
One of the co accused, Kwame Antwi, a director of Akonta Mining, is currently reported to be at large. The proceedings are being closely followed due to the broader national debate over illegal mining and its impact on Ghana’s environment and natural resources.
Illegal mining has remained a major public concern, particularly due to its effects on forest reserves and water bodies across the country. The outcome of the trial is therefore expected to attract significant attention as the legal process continues.
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