The Accra High Court has ordered the NPP Ashanti regional chairman Bernard Antwi Boasiako popularly referred to as Chairman Wontumi to open his defence in the illegal mining case on his concession at Samreboi in the Western Region.
The court made the orders on Monday, March 16.
Chairman Wontumi and his company, Akonta Mining have been charged with transferring or assigning mining rights without approval from the Lands Minister in respect of Akonta Mining’s Samreboi concession to Henry Okum.
They have pleaded not guilty and are out on bail.
In court on Monday, March 16, presiding judge Audrey Kocuvie-Tay in her ruling on the submission of no case indicated that “from the evidence so far there is rebuttable presumption that the first and third accused have committed the offences as charged. The prosecution has made case against the accused.”
She therefore ordered Chairman Wontumi and Akonta Mining Company Ltd to open their defence. However, because Wontumi is representing his company, the onus will lie on him to do so.
Background
Before closing its case, the prosecution called on four witnesses to testify against the NPP Ashanti Regional Chairman.
Evidence from Prosecution Witnesses
The state’s first witness, Michael Gyedu Ayisi (PW1), an artisanal miner and site supervisor, testified that he worked under Henry Okum on Wontumi’s Samreboi concession. He averred that he got to know about the ownership of the concession through Henry Okum.Remove ads
Under cross-examination by the defence lawyers Mr Gyedu Ayisi admitted that that he had no documentary evidence linking Chairman Wontumi to any assignment or transfer of the concession, adding that he had never interacted directly with him, and had never seen him on the mining site.
The second witness, Henry Okum (PW2), a licensed small-scale miner, stated that he had only a verbal agreement with Chairman Wontumi to undertake land reclamation and mining activities on the Samreboi concession.
The prosecution’s third witness, Detective Chief Inspector Sarfo Asiedu Kwasi (PW3) gave his testimony regarding police investigations into mining operations at Samreboi and parts of the Tano Nimiri Forest.
He told the court that 29 suspects were arrested while excavators, gold, firearms, ammunition, and cash were seized at the site.
During cross-examination, Detective Asiedu noted that Chairman Wontumi was not present at the site during the police operation, and none of the arrested persons was identified as an employee of Akonta Mining.
Joseph Iroko (PW4), Senior Manager (Legal) at the Minerals Commission, provided evidence on the regulatory framework governing mining concessions, assignments, and ministerial approvals.
He explained that under Ghanaian law, any assignment, transfer, or sublease of a mineral right requires prior written approval from the Minister responsible for Mines, following an application to the Minerals Commission.
In their submission of no case, Chairman Wontumi’s lawyers argued that the prosecution had been unable to prove that Chairman Wontumi using his company, Akonta Mining, assigned permit to any entity to mine on his Samreboi concession