The Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has asked the High Court to acquit and discharge him in an ongoing case in which he is accused of permitting two individuals to mine on his concession without ministerial approval.
Through his lawyer, Andy Appiah-Kubi, Wontumi filed a submission of no case, arguing that the prosecution failed to present sufficient evidence to require him and his company, Akonta Mining Company Limited, to open their defence.
“Having regard to the evidence adduced by the prosecution and the essential elements of the offences charged, it is respectfully submitted that the prosecution has woefully failed to establish a prima facie case against the accused persons on all six counts,” Appiah-Kubi told the court.
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He added that the prosecution’s case suffered from “fundamental and fatal deficiencies,” including what he described as the absence of evidence on key elements and weak or unreliable testimony.
The Attorney-General’s Department has charged Wontumi and his company with six counts, including permitting Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without prior ministerial approval and facilitating unlicensed mining.
The prosecution called four witnesses.
One of them, Michael Gyedu Ayisi, told the court he partnered Henry Okum to operate on Akonta Mining’s concession based on claims that Okum had permission from Wontumi. However, under cross-examination, Ayisi admitted he had never met or communicated with Wontumi, did not possess a mining licence, had not applied for one, and had no written agreement or proof of payment to mine on the land.
Building his defence, Appiah-Kubi argued that granting “permission” did not amount to an assignment of mineral rights.
“Permission is a licence or authorisation to do something on another person’s property without transferring proprietary rights,” he said, distinguishing it from an assignment, which involves the transfer of ownership or rights.
He maintained that without evidence of an assignment, the charge of assigning mineral rights without approval could not stand.
On the count of facilitating unlicensed mining, the lawyer contended that the prosecution had failed to prove any deliberate or positive act by his client to aid the alleged illegal operations.
“The prosecution must prove positive acts of facilitation, and it has failed to do so,” he said, adding that there was no proof his client had actual knowledge that the two miners were unlicensed.
The prosecution team, led by Deputy Attorney-General Justice Srem-Sai, is yet to file its response.
The case has been adjourned to 10 March 2026.
A submission of no case, provided for under Ghana’s criminal procedure law, allows an accused person to argue that the prosecution has not established a prima facie case. If upheld, the accused is discharged; if dismissed, the defence must be opened.
Assase Radio