Wontumi moves to challenge 'no case' ruling, seeks a stay

The legal battle involving NPP Ashanti Regional Chairman Bernard Antwi Boasiako, widely known as Chairman Wontumi, has entered a new phase after he moved to challenge a High Court ruling that refused to end the case against him at the halfway stage.

His latest application asks the court to pause proceedings while he pursues an interlocutory appeal against the decision dismissing his submission of no case.

Chairman Wontumi and Akonta Mining Company Limited are standing trial over six charges linked to alleged mining activity on the company’s concession. Prosecutors say Henry Okum and Michael Gyedu Ayisi were allowed to operate there without the prior ministerial approval required by law, and that the accused also facilitated mining without the necessary licence.

In its earlier ruling, the court found that the prosecution had presented enough initial evidence for the matter to continue. The judge held that the case made by the state would stand unless the defence produced evidence capable of displacing it.

That decision was followed by an order giving the accused seven days to indicate the direction of their defence, including whether Chairman Wontumi would testify personally or rely on witness statements from others.

When the matter returned to court, attention shifted from the substance of the charges to the procedural fight now unfolding around the appeal and the request for a stay.

The court, presided over by Justice Audrey Kocuvie-Tay, was informed that both the interlocutory appeal and the motion to suspend proceedings had already been filed.

The state, represented by Deputy Attorney-General Justice Srem-Sai, did not file a formal affidavit in opposition. Instead, he argued that the affidavit supporting Chairman Wontumi’s application contained legal submissions and opinion rather than factual material. On that basis, he asked the court to abridge time and hear the motion immediately, rather than wait until the original return date of 16 April 2026.

Lawyers for Chairman Wontumi resisted that move, telling the court they were not ready to proceed with the application on that day. Defence counsel insisted that if the prosecution wanted time shortened, it should make a formal application.

The judge, however, made clear that the court had the inherent authority to shorten procedural timelines where necessary. Justice Kocuvie-Tay also indicated that the absence of a formal affidavit in opposition did not prevent the court from entertaining the matter, and that an application could still be considered even if it had not been formally moved in the conventional way.

After exchanges between both sides, the court suggested several dates for hearing the motion, including 27 March, 30 March and 31 March. In the end, both parties settled on 2 April 2026.

That means the next hearing will focus on whether the proceedings should be halted while the appeal is pursued, a decision that could determine how quickly the substantive mining case moves forward.