Court dismisses Wontumi’s no-case submission in alleged illegal mining case

An Accra High Court has dismissed a no-case submission filed by Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and ordered him to open his defence in an alleged illegal mining case.

The ruling was delivered on Monday by Justice Audrey Kokuvie Tay, who held that the prosecution had established a prima facie case against Boasiako, his company Akonta Mining, and a third accused person, Kwame Antwi, who is currently at large.

The court said the evidence presented by the prosecution was sufficient to require the accused persons to respond to the allegations in their defence.

Boasiako, who is the Ashanti Regional Chairman of the New Patriotic Party, is standing trial for allegedly undertaking mining operations on a concession at Samreboi in the Western Region without the consent of the sector minister.

The accused persons are also alleged to have permitted two individuals to conduct mining activities on the concession without authorisation and facilitated those operations.

Lawyers for Boasiako had earlier filed a submission of no case, arguing that the prosecution had failed to establish the essential elements of the charges after calling four witnesses who were subsequently cross-examined.

The defence maintained that the State had “woefully failed” to present sufficient evidence to warrant the accused person being called upon to mount a defence.

However, the prosecution, led by Deputy Attorney General and Minister of Justice Dr Justice Srem-Sai, urged the court to dismiss the application, arguing that credible and legally admissible evidence had been presented touching on every element of the offences charged.

The State further contended that Boasiako admitted in both his caution and charge statements during investigations that he had granted access to the concession to the second prosecution witness.

According to the prosecution, the evidence also suggested that the accused did not merely permit the statutory breaches but actively supported the operations.

“He financially aligned himself with the unlawful operations, granted operational access and provided logistical support without the required approvals,” the prosecution argued.

Justice Tay agreed with the State’s submission, ruling that the prosecution had established sufficient evidence requiring the accused persons to respond.

The case has drawn considerable public interest due to Boasiako’s prominent role within the ruling party and the broader national debate over illegal mining activities, widely known as galamsey.

With the dismissal of the no-case submission, the trial will now move to the defence stage where Chairman Wontumi and his co-accused are expected to present their version of events regarding the alleged mining activities at Samreboi.