The High Court has thrown out an application filed by lawyers for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, who is facing charges of unlawfully permitting mining on his Samreboi concession.
Counsel for the first accused, Andy Appiah Kubi, argued that the prosecution’s witness had relied on a purported deed or agreement allegedly signed by Wontumi and another accused person, and therefore the defence required copies of those documents to adequately prepare for trial.
Deputy Attorney General, Dr Justice Srem-Sai, opposed the request, describing it as legally flawed. He explained that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, additional disclosures must be shown to be exculpatory — a threshold the defence had not met.
Dr Srem-Sai further stated that the prosecution does not possess any such deed or written agreement, and stressed that the charge under Section 14 of the Minerals and Mining Act does not depend on the existence of such a document. He maintained that the absence of a proper deed is itself part of the offence, which concerns permitting mining without lawful authority.
After reviewing the motion and supporting affidavit, the Court ruled that the defence had failed to establish any legal basis for the documents requested. It also noted that the prosecution had made clear it could not provide what it did not have.
The judge therefore dismissed the application for further disclosures.
The case, centred on allegations that Chairman Wontumi authorised mining on his Samreboi concession without approval, will now move to the next stage of the Case Management Conference.
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