AG urges court to throw out Wontumi's submission of no case

The Attorney-General’s Office has asked the High Court in Accra to dismiss an application by Bernard Antwi Boasiako, also known as Chairman Wontumi, seeking to end his alleged illegal mining trial without being called to defend himself.

In a 12-page response before the Criminal Division of the High Court, the prosecution said the submission of a no-case application is without merit because the state has already produced enough evidence to support all the charges before the court.

The response, signed by Deputy Attorney-General Justice Srem-Sai, argues that both oral testimony and documentary material presented during the trial establish the core ingredients of the offences allegedly committed by the accused persons.

At the centre of the prosecution’s case is the position that Akonta Mining Company Limited, named as the third accused, held a valid lease over the Samreboi concession but permitted the use of that concession without the approval required by law.

According to the state, records tendered through the Minerals Commission support that position.

The prosecution also says witness evidence showed that actual mining activity took place on the concession, including the use of bulldozers and excavators, and that gold was extracted from the site.

It maintains that the evidence demonstrates that the concession was not merely left unused, but was actively worked by persons who did not have the necessary ministerial authorisation.

Relying on Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), the Attorney-General said a mineral right holder cannot transfer or allow another person to exploit a concession unless there is prior written approval from the sector minister.

The state argues that the first accused person breached that requirement by allowing a third party to mine on the concession without that approval.

The prosecution further contends that the accused persons did more than passively allow the arrangement. It says they deliberately facilitated the alleged illegal operation by granting access to the site, helping with the acquisition of heavy equipment and entering into an arrangement under which proceeds from mining or reclamation were to be shared.

In the state’s view, that conduct is enough for the court to infer both the physical act and the intention behind the alleged offences.

The filing argues that there was a clear financial motive behind the arrangement and that this supports the claim that the alleged breaches were intentional.

For that reason, the Republic is asking the court to find that a prima facie case has been made out against Chairman Wontumi, Kwame Antwi, who is said to be at large, and Akonta Mining Company Limited, and to direct them to open their defence.

The case is before Justice Audrey Kocuvie-Tay, who has adjourned proceedings to 16 March 2026 for a ruling on whether the accused persons will be required to enter their defence.