BY Daniel Bampoe
Lawyers representing New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and his company, Akonta Mining Limited, have filed an urgent application at the Accra High Court seeking to postpone the delivery of judgment in their ongoing illegal mining trial.
The application, filed before Justice Audrey Kocuvie-Tay on June 23, 2026, asks the court to defer its scheduled July 3 judgment to allow newly appointed lead counsel, Samuel Atta Akyea, sufficient time to study the extensive record of proceedings and prepare the defence’s final written submissions.
The latest application follows a major development in the case after former lead counsel, Andy Appiah-Kubi, withdrew from representing Chairman Wontumi and Akonta Mining Limited earlier this month. Appiah-Kubi, who had led the defence since October 2025, stepped down on June 11, 2026, after expressing dissatisfaction with the court’s handling of aspects of the proceedings.
Following his withdrawal, Chairman Wontumi appointed former Abuakwa South Member of Parliament and experienced legal practitioner Samuel Atta Akyea to lead his defence at the final stage of the trial.
In an affidavit supporting the application, Atta Akyea explained that by the time he assumed responsibility for the case, the defence had already closed its case on June 3, with the court subsequently fixing July 3, 2026, for judgment.
According to him, the unexpected change in legal representation at such a critical stage has left the defence without adequate time to properly review the evidence and prepare the legal arguments required before the court delivers its verdict.
He argued that preparing a final written address in a criminal trial requires a detailed examination of the record of proceedings, witness testimonies, exhibits tendered during the trial and applicable legal authorities.
“The progression of this criminal trial should be a thorough perusal of the record of proceedings and other processes which should be the basis of a serious perusal, research and the filing of a credible and competent written submission,” portions of the affidavit stated.
The defence further anchored its application on Article 19 of Ghana’s 1992 Constitution, which guarantees every accused person the right to a fair hearing, including effective legal representation throughout criminal proceedings.
Atta Akyea argued that while the Republic continues to be represented by the Attorney-General and a full prosecution team capable of preparing comprehensive legal submissions, the accused persons should equally be afforded adequate time for their newly appointed lawyer to prepare their defence.
“The Republic is ably represented by the Hon. Attorney-General and his formidable team, who will put together a written submission ostensibly to hammer out the guilt of the accused persons,” the affidavit noted.
The new lead counsel also informed the court that although he has formally entered appearance in the matter and requested certified copies of the record of proceedings from the court registry, the documents had not yet been made available to him.
He maintained that without access to the complete record, it would be impossible to adequately analyse the evidence presented during the lengthy trial.
Atta Akyea insisted that the application was not designed to delay the administration of justice but rather to ensure that the accused persons receive the full benefit of legal representation before judgment is delivered.
“The sole purpose of this application is to enable me to obtain and peruse the record of proceedings before judgment is delivered,” he told the court.
He further argued that granting the request would not prejudice the prosecution but would instead reinforce public confidence in the justice system by ensuring that both parties have a fair opportunity to present their legal arguments before the court reaches its final determination.
Background to the Trial
Chairman Wontumi and Akonta Mining Limited are standing trial over allegations that mining activities were conducted within the Tano Nimiri Forest Reserve at Samreboi in the Western Region without the approvals required under Ghana’s mining laws.
The prosecution alleges that although the company had obtained mining leases outside the protected forest area, an application submitted in August 2022 to undertake mining within the forest reserve was rejected by the Ministry of Lands and Natural Resources.
Despite that refusal, prosecutors claim mining operations continued inside the reserve, resulting in environmental damage affecting approximately 13 hectares of protected forest land.
Throughout the trial, the prosecution called several witnesses in support of its case, while the defence challenged the evidence and denied the allegations. One of the prosecution’s key witnesses admitted under cross-examination that he had no documentary proof showing that Chairman Wontumi had assigned the Samreboi concession to any individual, stating that his knowledge was based largely on information given to him by others.
Both the prosecution and the defence have since closed their respective cases, leaving only the filing of final written addresses before the court proceeds to judgment.
The High Court is now expected to determine whether to grant the defence’s application for an extension of time or maintain the July 3, 2026, date for delivering judgment in one of the most closely watched illegal mining prosecutions involving a prominent political figure.
