The legal case involving Bernard Antwi Boasiako, popularly known as Chairman Wontumi, the Ashanti Regional Chairman of the New Patriotic Party (NPP), has reached a significant milestone as the prosecution officially closed its case. The trial centers around allegations of illegal mining activities and violations of Ghana's mining laws.
Prosecution Concludes with Expert Testimony
The prosecution concluded its case following the testimony of its fourth and final witness, an expert from the Minerals Commission. The witness provided crucial insights into the alleged violations committed by the accused persons. During cross-examination by Andy Appiah-Kubi, counsel for Chairman Wontumi, the witness clarified that there was no record of permits associated with the accused individuals under the Minerals Commission’s records. He further referenced the Minerals and Mining (Amendment) Act, 2019 (Act 995), which criminalizes mining activities conducted without proper authorization.
Counsel Appiah-Kubi argued that there was no legal assignment between Chairman Wontumi’s company and Henry Okum—a prosecution witness—to the knowledge of the Minerals Commission or other state agencies. The witness confirmed this assertion, reiterating that violations of mining laws, such as operating without a license or permit, are criminalized under Act 995.
Defence Requests Time for Submission of No Case
Following the closure of the prosecution’s case, the defence counsel requested four weeks to prepare and file a submission of no case. A submission of no case is a legal mechanism under Section 173 of Ghana’s Criminal and Other Offences Act (Procedure) Act, 1960 (Act 30). It allows accused persons to argue that the prosecution has failed to establish a prima facie case, thereby warranting their discharge without opening a defence.
Should the trial court find merit in such a submission, the accused persons will be discharged. Conversely, if the submission is rejected, they will be required to present their defence.
Justice Audrey Kocuvie-Tay declined the defence’s request for four weeks and instead granted 14 days to file the submission of no case. The court subsequently adjourned proceedings to February 18, 2026.
Background of the Case
The allegations against Chairman Wontumi and his company, Akonta Mining Company Limited, stem from accusations that they permitted unauthorized mining activities on their concession in Samreboi in the Western Region without obtaining approval from the sector minister. The charges include two counts of assignment of mineral rights without approval and two counts of facilitating unlicensed mining operations.
Additionally, Kwame Antwi, a director of Akonta Mining Company Limited, faces similar charges but is currently on the run. Both Chairman Wontumi and his company have pleaded not guilty to all charges and have been granted bail pending trial.
Legal Implications
This case underscores Ghana’s commitment to enforcing its mining laws to curb illegal mining practices. The Minerals and Mining (Amendment) Act, 2019 (Act 995), serves as a key legislative framework in addressing violations within the sector. It criminalizes unauthorized mining activities and emphasizes accountability for individuals and companies operating within Ghana's mining industry.
As proceedings continue, all eyes remain on the court's decision regarding the defence’s submission of no case. This decision will determine whether the accused persons will be discharged or required to mount a defence against the charges leveled against them.
Conclusion
The trial of Bernard Antwi Boasiako and Akonta Mining Company Limited highlights critical issues surrounding illegal mining operations and adherence to Ghana’s regulatory frameworks. With the prosecution’s case now closed, the focus shifts to the defence’s arguments in their submission of no case. The outcome of this legal process will have significant implications for both the accused parties and Ghana’s broader efforts to regulate its natural resources effectively.
