Throw Wontumi’s submission of no case application out -AG

The Office of the Attorney-General has filed a 12-page response urging the Criminal Division of the High Court in Accra to dismiss a submission of no case to answer filed by Bernard Antwi Boasiako also known as Chairman Wontumi, the first accused person in an alleged illegal mining trial.

In the response signed by Deputy Attorney-General Justice Srem-Sai, the prosecution argued that the application lacks merit because credible documentary and oral evidence has been led to establish every element of the offences charged against the accused persons.

The trial is being presided over by Audrey Kocuvie-Tay, who has adjourned the case to March 16, 2026, for a ruling on whether the accused persons should be called upon to open their defence.

According to the Attorney-General’s response, documentary evidence tendered through the Minerals Commission confirms that Akonta Mining Company Limited, the third accused person, holds a mining lease over the Samreboi concession, but transferred or allowed the use of the mineral right without the required approval of the Minister responsible for Mines.

The prosecution said witness testimony established that active mining took place on the concession, with excavators and bulldozers deployed and gold extracted.

“The Republic has led credible, admissible and legally sufficient evidence touching every essential element of the offences charged,” the response stated, adding that the court should dismiss the submission of no case to answer in its entirety.

The prosecution explained that under Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), a holder of a mineral right cannot transfer or allow another person to exploit the concession without prior written approval of the Minister.

It argued that evidence before the court shows that the first accused person granted permission to a third party to mine on the concession without ministerial approval, thereby amounting to an unlawful transfer of mineral rights.

Statements by prosecution witnesses, including investigators and persons who worked on the concession, were said to confirm that mining operations were carried out, machinery was procured, and gold was produced from the site.

The Attorney-General further submitted that the accused persons purposely facilitated an unlicensed mining operation contrary to the Minerals and Mining Act and its subsidiary regulations.

According to the prosecution, the first accused person allegedly granted operational access to the concession, assisted in acquiring heavy-duty equipment, and entered into a commercial arrangement under which proceeds from mining or reclamation activities were to be shared.

The response said such conduct showed deliberate intent to enable breaches of the law, noting that intent and the guilty act — mens rea and actus reus — could be inferred from the circumstances and the agreement between the parties.

“The accused persons could not have simply offered their concession to a third party at the third party’s cost for no benefit whatsoever. Pecuniary motive underscores the intent to facilitate the breaches of the mining regulations,” the prosecution argued.

Court to rule March 16

The Republic is therefore praying the court to hold that a prima facie case has been established against Bernard Antwi Boasiako, the second accused person Kwame Antwi (said to be at large), and Akonta Mining Company Limited, and to order them to open their defence.
Justice Kocuvie-Tay is expected to deliver her ruling on March 16, 2026.