The Criminal Court 4 Division of the High Court in Accra has directed the New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited to open their defence in the Samreboi mining case.
This follows the court’s rejection of a submission of no case filed by lawyers for the accused.
Delivering her ruling, Justice Audrey Kocuvie-Tay said the prosecution had established a prima facie case against the accused persons, requiring them to respond to the charges.
The judge read the conclusion of the ruling and asked the parties to apply to the court for the full ruling.
Charges Against the Accused
Chairman Wontumi, Akonta Mining, and one Kwame Antwi, identified as a co-owner of the company tagged to be on the run, are facing charges of transferring mining rights without approval from the sector minister and facilitating mining activities without ministerial permission.
The case relates to mining operations on a concession in Samreboi owned by Akonta Mining.
Defence Submissions
At the close of the prosecution’s case, lawyers for Chairman Wontumi, led by Andy Appiah-Kubi, argued that the state had failed to prove the essential elements of the offences.
They contended that prosecutors had not demonstrated that a transfer of mineral rights occurred between Chairman Wontumi and Henry Okum.
The defence also argued that the state could not establish the absence of ministerial approval or any facilitation of illegal mining activities by the accused.
Lawyers further maintained that witness testimony suggesting Chairman Wontumi gave permission to Henry Okum to operate on the concession did not amount to a transfer of mineral rights and could only be regarded as hearsay evidence.
Prosecution Response
Prosecutors rejected the defence argument, insisting that the elements of the alleged offences had been sufficiently established to warrant the accused persons being called to present their defence.
The state called four witnesses in support of its case, including two individuals who testified that they worked on the concession with permission from Chairman Wontumi.
Testimony of Site Supervisor
The first prosecution witness, Michael Gyedu Ayisi, an artisanal miner and site supervisor, told the court he worked under Henry Okum on the Samreboi concession.
He said his understanding that the concession belonged to Chairman Wontumi was based on information provided by Okum.
Under cross-examination, Mr Ayisi said he had no documentary evidence linking Chairman Wontumi to any assignment or transfer of the concession. He also confirmed that he had never interacted directly with him or seen him at the mining site.
Evidence from Henry Okum
The second witness, Henry Okum, a licensed small-scale miner, told the court he entered into a verbal arrangement with Chairman Wontumi to undertake land reclamation and mining activities on the concession.
He confirmed there was no written agreement, deed of assignment, or ministerial approval for the alleged arrangement.
Police Investigations
Detective Chief Inspector Sarfo Asiedu Kwasi testified about police investigations into mining activities at Samreboi and parts of the Tano Nimiri Forest.
He said police arrested 29 suspects during the operation and seized excavators, gold, firearms, ammunition and cash.
The court also admitted several exhibits, including caution statements, charge statements, photographs, mining leases and a fire report.
Minerals Commission Evidence
Joseph Iroko, Senior Manager for Legal Affairs at the Minerals Commission, explained the legal requirements governing mining concessions and the transfer of mineral rights.
He told the court that under Ghanaian law, any assignment, transfer or sublease of a mineral right requires prior written approval from the minister responsible for mines, following an application to the Minerals Commission.
Mr Iroko said a search of the Commission’s records found no application or approval indicating that Akonta Mining had assigned or transferred the Samreboi concession to Henry Okum.
He added that without ministerial approval, no such assignment could be formally recognised under the law.
The judge, by the ruling, is requiring the accused to tell their side of the story while reminding them of their right to be silent, testify or call witnesses.
The case has been adjourned to March 26, 2026.
