Audio By Carbonatix
The prosecution in the trial of Bernard Antwi Boasiako, the Ashanti Regional Chairman of the New Patriotic Party, has closed its case in the matter in which the accused persons are facing different illegal mining related offences.
This comes after the fourth and last prosecution witness, who is an expert from the Minerals Commission, brought his testimony to an end after Andy Appiah-Kubi, counsel for the owner of Akonta Mining Company Limited, Bernard Antwi Boasiako, aka Chairman Wontumi, cross-examined him.
During the cross-examination, the witness stated that as far as the accused persons were concerned, there was no record of the accused persons regarding the permit that has been raised in the trial adding, “So if there is any other evidence to the contrary. It is a Minerals and Mining (Amendment) Act, 2019 (Act 995) stipulated matter”.
Counsel Appiah-Kubi suggested to the prosecution witness that there was no legal assignment between Chairman Wontumi’s company and Henry Okum (a prosecution witness) to the knowledge of the Minerals Commission and all other agencies of state.
“That is restating my witness statement, and it also helps this court that in our line of duty we come across persons who are acting in violation of the minerals and mining laws, and this form of acting without a license permit or authority has been criminalized by the Minerals and Mining (Amendment) Act, 2019 ACT 995.
After the cross-examination, the defence counsel prayed the court for four weeks to enable them file a submission of no case.
Submission of no case
A submission of no case is a right granted to accused persons under Section 173 of the Criminal and Other Offences Act (Procedure) Act, 1960 (Act 30).
It allows accused persons to convince a court that the prosecution had failed to make a prima facie case to warrant them opening their defence.
In the event a trial court finds merit in a submission of no case, the accused persons are discharged, but if not, they are directed to open their defence.
Justice Audrey Kocuvie-Tay, declined to give the defence four weeks to file the submission of no case and asked them to do so within 14 days.
The case has been adjourned to February 18, 2026.
Background
Chairman Wontumi and his company have been accused of permitting two people to undertake mining operations on his company’s mining concession without obtaining approval from the sector minister.
They have been slapped with two counts of assignment of mineral rights without approval and two counts of purposely facilitating an unlicenced mining operation at Samreboi in the Western Region.
Meanwhile, Kwame Antwi, a director of Akonta Mining Company Limited, who has also been charged with two counts of assignment of mineral rights without approval and purposely facilitating an unlicenced mining operation, is currently on the run.
The accused persons have pleaded not guilty and have been granted bail pending trial.
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