An Accra High Court has dismissed a no-case submission filed by Bernard Antwi Boasiako, popularly known as Chairman Wontumi.
The court subsequently ordered the New Patriotic Party (NPP) Ashanti Regional Chairman to open his defence in an alleged illegal mining case.
Justice Audrey Kokuvie Tay ruled on Monday that the prosecution had successfully established a prima facie case against Mr Boasiako, his company Akonta Mining, and Mr Kwame Antwi, who is currently at large, warranting them to explain the evidence adduced against them.
The accused persons are standing trial for allegedly undertaking mining operations on a concession at Samreboi in the Western Region without the consent of the sector minister.
They are also accused of permitting two individuals to undertake mining activities on the concession without authority and facilitating those operations.
Lawyers for Mr Boasiako had filed a submission of no case, arguing that after the prosecution called four witnesses who were cross-examined, the State had “woefully failed” to establish the essential ingredients of the charges preferred against their client.
Read also: Court to rule on Wontumi’s submission of no case on March 16
However, the State, led by Deputy Attorney General and Minister of Justice Dr Justice Srem-Sai, prayed the court to dismiss the application, contending that credible, admissible and legally sufficient evidence had been led touching on every essential element of the offences charged.
The prosecution argued that Mr Boasiako admitted in both his investigation caution and charge statements that he allowed the second prosecution witness access to the concession.
The State further maintained that the evidence showed the accused person did not merely allow statutory breaches to occur.
“He financially aligned himself with the unlawful operations, granted operational access, and provided logistical support without the required approvals,” the State had submitted.
The court agreed with the prosecution’s position, ruling that there was sufficient evidence on record to require the accused persons to mount a defence.
The case has attracted significant attention due to Mr Boasiako’s prominent position in the ruling party and the broader national conversation around illegal mining, commonly referred to as galamsey.
With the no-case submission dismissed, the trial will now proceed to the defence stage, where Chairman Wontumi and his co-accused will have the opportunity to present their version of events regarding the alleged mining operations at Samreboi.