A fresh legal twist has emerged in the high profile Samreboi illegal mining case as Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has formally applied to the Accra High Court to defer judgment in the criminal trial involving him and Akonta Mining Company Limited.
The application, filed by newly appointed counsel Samuel Atta Akyea, seeks a reasonable postponement of the judgment scheduled for July 3, 2026, after the withdrawal of his original counsel, Andy Kwame Appiah-Kubi.
According to court documents, the request is intended to allow the new legal team sufficient time to obtain and review the certified record of proceedings and all documents filed in the case before preparing final written submissions.
The motion was filed under the inherent jurisdiction of the court and argues that the interests of justice require that the accused persons be given adequate legal representation at every stage of the proceedings.
Change of Legal Representation
The application follows a significant development in the case after Wontumi’s previous lawyer, Andy Kwame Appiah Kubi, withdrew from the matter shortly before the conclusion of the trial.
In an affidavit supporting the application, Mr. Atta Akyea explained that the withdrawal of the former counsel occurred at what he described as a critical stage of the proceedings, leaving the accused persons without legal representation for the final phase of the case.
He stated that Wontumi subsequently appointed him to take over the defence of both himself and Akonta Mining Company Limited and complete the remaining legal processes before judgment.
According to the affidavit, a formal notice of appointment has already been filed with the court, and steps have been taken to secure certified copies of the proceedings and all relevant court processes.
However, Mr. Atta Akyea said the requested documents had not yet been made available by the court registry at the time he swore the affidavit.
Fair Hearing Concerns Raised
The new defence lawyer argues that without access to the complete court record, he cannot effectively familiarise himself with the evidence and proceedings that have unfolded throughout the trial.
He maintains that the accused persons face serious criminal allegations whose outcome could have substantial implications for their liberty, reputation, rights, and interests.
“The constitutional guarantee of a fair hearing under Article 19 of the Constitution necessarily includes the right of an accused person to effective legal representation at every stage of criminal proceedings”.
Samuel Atta Akyea
Mr. Atta Akyea further argued that while the Republic is represented by the Attorney General and an experienced legal team preparing final submissions, the defence would be placed at a disadvantage if adequate time is not granted for a comprehensive review of the case.
He contended that postponing the judgment would enable him to provide competent legal representation and properly challenge the prosecution’s arguments before the court delivers its final decision.
Defence Rejects Delay Tactics Allegation
The application insists that the request is not intended to obstruct or frustrate the administration of justice. Instead, the defence argues that the sole objective is to obtain the necessary records and prepare meaningful submissions on behalf of the accused persons.
Mr. Atta Akyea told the court that granting the application would strengthen public confidence in the judicial process by ensuring that the accused enjoy the full benefit of legal representation before judgment is delivered.
He also argued that no irreparable prejudice would be suffered by the Republic if a reasonable extension is granted. “The sole purpose of this application is to enable me obtain and peruse the record of proceedings before judgment is delivered,” he stated in the affidavit.
Background to the Samreboi Trial
The criminal case centres on allegations that Chairman Wontumi, together with Akonta Mining Company Limited and another accused person, engaged in unlawful mining activities within the Tano Nimiri Forest Reserve near Samreboi without the required ministerial authorisation.
The prosecution alleges that mining operations were undertaken or permitted within the protected forest reserve contrary to Ghana’s mining and environmental laws.
The case has attracted national attention because of its links to illegal mining, commonly known as galamsey, which remains one of Ghana’s most pressing environmental and governance challenges.
Successive governments have intensified efforts to curb illegal mining activities amid concerns over forest destruction, pollution of water bodies, and loss of biodiversity.
Trial Reaches Final Stage
The case has already progressed through the evidence stage, with both prosecution and defence presenting witnesses before the court. The defence recently called its final witness, an assembly member from Samreboi, before formally closing its case.
Earlier, the defence had unsuccessfully pursued a no case submission seeking to have the charges dismissed without requiring a full defence.
Among the notable defence witnesses was former Deputy Minister for Lands and Natural Resources, George Mireku Duker, who testified regarding reclamation activities undertaken on the mining concession.
With evidence now concluded, the court had scheduled July 3, 2026, for judgment. However, the latest application introduces uncertainty over whether the court will proceed with that date or grant the defence additional time to complete its submissions.
Awaiting the Court’s Decision
The High Court is expected to determine whether the circumstances surrounding the change in legal representation justify postponing the judgment.
The decision could shape the final phase of one of Ghana’s most closely watched illegal mining prosecutions. For now, attention remains fixed on the court as it weighs the defence’s request against the need for the timely administration of justice.
The ruling on the deferment application is likely to determine whether the July 3 judgment date remains intact or whether the case will be extended to allow the newly appointed lawyer time to prepare his final submissions.
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