Samuel Atta-Akyea, new counsel for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako (Chairman Wontumi) has filed an application praying the court to postpone the July 3, 2026 set to deliver a judgement in a case in which Wontumi has been accused of permitting others to mine on his company’s concession at Samreboi in the Western Region.
The application dated June 23, 2026, is asking a High Court in Accra, presided over by Justice Audrey Kocuvie-Tay, to defer the judgement “for a reasonable period” to enable him obtain and peruse the certified record of proceedings and all processes hitherto filed in the case.
This, he said, will pave the way for him to “lodge a credible and competent written submission” on behalf of Wontumi and his company, Akonta Mining Company Limited.
Charges
Chairman Wontumi has been charged with one count of assignment of mineral rights without approval, and another count of purposely facilitating an unlicensed mining operation, contrary to Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).
His company, Akonta Mining and another person identified as Kwame Antwi, who is on the run, have been charged with the same offences. They have both denied the charges.
Major Developments
The trial court, on June 3, set July 3, 2026, to deliver its judgement while giving the prosecution and the defence lawyers up to June 24 to file written addresses if they wished to do so.
Andy Appiah-Kubi, who had represented Chairman Wontumi and his company from the beginning of the trial, filed a motion to withdraw his services, citing certain decisions of the trail judge which he said has taken emotional and psychological toll on him.
The court dismissed the application which it said was alien to criminal proceedings in Ghana, adding that the lawyer did not need the court’s permission to withdraw his services if he wished to.
Moments after the court’s decision, information popped up that Chairman Wontumi had appointed Mr. Atta-Akyea as his new counsel.
Chairman Wontumi indicated in a statement that the decision was taken after careful consultation and in the exercise of my constitutional right to legal representation by counsel of my own choosing.
Deferment
Mr. Atta-Akyea has now filed an application asking the court to extend the date set for judgement to afford him more time to peruse the proceedings.
He attributes the request to the inability of the court’s registrar to furnish him with certified record of the proceedings he requested for regarding the trial.
“In the absence of the complete record, I am unable to adequately acquaint myself with the proceedings and effectively discharge my professional obligations to the 1st and 3rd Accused persons/Applicants,” he noted in the application.
He further indicated that as counsel presently on record for the accused persons, it is necessary that he should be afforded a reasonable opportunity to familiarise himself with the record and advise his client appropriately.
Mr. Atta-Akyea further noted that Chairman Wontumi and Akonta Mining face serious criminal charges, the outcome of which may have significant consequences for their liberty, reputation, rights and interests, adding that the constitutional guarantee of a fair hearing under Article 19 of the Constitution necessarily includes the right of an accused person to effective legal representation at every stage of criminal proceedings.
The grant of this application will facilitate the effective exercise of that constitutional right and secure fair trial,” he said.
He also pointed out that the application is not intended to obstruct, delay or frustrate the administration of justice but intended to enable him obtain and peruse the record of proceedings before judgement is delivered.
He added that the state will suffer no irreparable damage if the application is granted, noting that “granting the application would enhance public confidence in the administration of justice” by ensuring that the accused “enjoy the full benefit of legal representation.”
