Chairman Wontumi Files ‘No Case’ Submission in Illegal Mining Trial, Seeks Acquittal and Discharge
The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has urged the High Court to acquit and discharge him and his company, Akonta Mining Company Limited, in an ongoing illegal mining (galamsey) case, arguing that the prosecution has failed to establish a prima facie case.
Through his legal counsel, Andy Appiah-Kubi, Wontumi submitted a “no case to answer” motion before the court, contending that the evidence presented by the Attorney-General’s Department is insufficient to require the defendants to mount a defence on any of the six counts.
The charges, brought by the Office of the Attorney-General, allege that Wontumi and Akonta Mining permitted two individuals—Henry Okum and Michael Gyedu Ayisi—to engage in mining activities on the company’s concession without obtaining prior ministerial approval, in violation of mining regulations. Additional counts accuse them of facilitating unlicensed small-scale mining operations, effectively enabling galamsey activities.
In his submissions, defence lawyer Appiah-Kubi described the prosecution’s case as “woefully failed” and riddled with “fundamental and fatal deficiencies.” He highlighted weak witness testimony and the complete absence of evidence on critical elements of the offences.
A pivotal prosecution witness, Michael Gyedu Ayisi—one of the alleged illegal miners—testified that he and Henry Okum had partnered to operate on Akonta Mining’s concession after Okum claimed to have received permission from Chairman Wontumi. However, under rigorous cross-examination, Ayisi admitted critical shortcomings:
He had never personally met or communicated directly with Wontumi.
He possessed no mining licence and had never applied for one.
There was no written agreement, no proof of payment, and no documented authorisation to mine on the land.
Appiah-Kubi argued that even if “permission” had been granted informally, such authorisation does not constitute an assignment or transfer of mineral rights under Ghana’s Minerals and Mining Act. He stressed that permission merely allows temporary activity on property and does not confer proprietary mineral rights, which require formal ministerial consent for any assignment or sub-letting. Without evidence of such an assignment or deliberate facilitation of illegal mining by Wontumi, the defence maintained that the charges cannot be sustained.
The prosecution team, led by Deputy Attorney-General Justice Srem-Sai, has yet to file its formal response to the no-case submission. The court, presided over by the trial judge, has adjourned proceedings to March 10, 2026, when a ruling will be delivered on whether there is sufficient evidence to compel Wontumi and Akonta Mining to open their defence.
If the court upholds the no-case submission, Wontumi and his company could be acquitted and discharged on all counts without presenting evidence. Should the judge rule otherwise, the defendants will be required to call witnesses and present their defence.
