Bernard Antwi Boasiako, also known as Chairman Wontumi, the Ashanti Regional Chairman of the New Patriotic Party (NPP), was directed by the Accra High judge’s Criminal Division to begin his defense after the judge rejected his claim that there was no case.

Mr. Boasiako is on trial for offenses related to mining.

Yesterday, the court, presided over by Justice Audrey Kocuvie-Tay, issued an order dismissing Chairman Wontumi and his company, Akonta Mining Company Limited, for filing no case.The judge stated, “There is a rebuttal presumption that the accused persons have committed all of the offenses charged.”

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Chairman Wontumi and his business are accused of six charges of enabling unlawful mining and allowing Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without first getting the sector minister’s clearance.

The accused has entered a not guilty plea to the allegations.

The court has given them seven days to inform the court whether Chairman Wontumi will testify himself or submit witness statements from people he plans to call to testify on his behalf, or if they would prefer to remain silent so the court can decide the case on the merits of the prosecution’s case.

The court stated that the parties will later have access to the well-reasoned decision.

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The lawsuit has been postponed until March 26, 2026.
In order to strengthen its case against the defendants, the prosecution called four witnesses throughout the trial.

The accused chose to exercise their rights by submitting a no case under Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) after the prosecution rested.

A trial court may clear an accused person under Section 173 of Act 30 if it determines that the prosecution did not present a strong enough case for the accused to present a defense.

Attorneys representing the accused contended that the prosecution had not presented enough evidence against their clients to allow them to begin their defense.

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As a result, they pleaded with the court to clear and release them.

Andy Appiah-Kubi, the accused’s attorney, said that his client’s choice to allow the two people to mine on the concession did not constitute an assignment of mineral rights.

He emphasized that the prosecution’s failure to present proof of an assignment constituted a fundamental failing to establish a crucial component of the claimed offenses rather than a small or technical error.

Counsel argued that the mere fact that unlicensed mining operations occurred on a concession owned by his clients did not prove that they intentionally enabled such operations in response to the charge of aiding unlicensed mining.

Opposing
In response to the submission of no case, the prosecution, under the direction of Deputy Attorney-General Dr. Justice Srem-Sai, asked the court to order the accused to present their defense.

He maintained that the fact that a transfer was not in writing did not make it any less of a transfer.

Regardless of whether it was done formally or not, he continued, a transfer has taken place when a right holder gives someone else the ability to use a resource.

Additionally, the deputy A-G maintained that “it is clear evidence of permission to conduct a mining activity on the concession” and that Akonta Mining Company Limited’s actions in permitting the prosecution witness to operate on the concession could not be characterized as passive tolerance.