The Deputy Attorney General, Justice Srem-Sai, on Thursday urged the High Court in Accra to convict Bernard Antwi Boasiako, popularly known as Wontumi, and his co-accused after they failed to file their witness statements as ordered by the court.
Describing the accused persons’ conduct as “unbelievable,” Dr. Srem-Sai argued that their repeated failure to comply was a deliberate ploy to “delay the trial unreasonably.”
Chairman Wontumi, and Akonta Mining have each pleaded not guilty separately to the charge of Assignment of mineral rights without approval and Purposely facilitating an unlicensed mining operation.
The second accused, Kwame Antwi, a director of Akonta Mining is currently in the run.
On Monday, April 20, 226, when the case was called for Case Management Conference after the Court had ordered him to open his defense, Dr. Srem-Sai told Justice Audrey Kocuvie-Tay that the accused had breached the court’s orders twice.
The court first ordered them to file witness statements if they intended to call witnesses, but they instead filed a belated motion for stay of proceedings.
After that motion was dismissed, the court again ordered filing on or before April 14, 2026 but again, the applicant has refused to file, the Deputy A-G said.
He insisted that Wontumi and the other accused had “shown that they do not intend to file their witness statement or offer an explanation why this court should not convict the accused.”
On that basis, he submitted that “there is only one path left for the court, namely to proceed to convict.”
He therefore prayed the court to convict the accused persons for refusing to file a defence or call a witness.
Wontumi argument
Lead counsel for Wontumi, Andy Appiah-Kubi, opposed the call for conviction and explained why his clients had not filed the witness statements.
He told the court that following the dismissal of their earlier application for stay of proceedings, the accused had lodged a repeat application for stay at the Court of Appeal.
Notice of that repeat application, he said, was brought to the attention of the High Court registry on April 16, 2026.
According to Mr. Appiah-Kubi, “the filing of this process will have an impact on the continuation of proceedings at the High Court,” and “that has occasioned the basis for the non-filing of the witness statements if the accused persons were minded to do so.”
He argued that the High Court has inherent jurisdiction to stay its own proceedings pending the Court of Appeal’s determination, and called it “erroneous” for the A-G to suggest conviction was the only option.
Counsel further reminded the court that the accused were only exercising constitutional rights to protect themselves, adding that “this case in particular has been one of the fastest criminal trials that has been witnessed in this country.”
He therefore prayed the court to adjourn proceedings to abide the determination of the repeat application for stay at the Court of Appeal, “in the interest of justice.”
By court
Justice Audrey Kocuvie-Tay, after listening to both sides, ruled that the pendency of a repeat application for stay at the Court of Appeal does not fetter the High Court’s jurisdiction.
“It is the considered view of this court that notwithstanding the exercise of rights under the law by the APs, due process must still be complied with,” she stated.
Citing judicial precedent, the trial judge referenced the Ato Forson case, noting that “even though the matter was in the Court of Appeal, the High Court proceeded until the ruling from the Court of Appeal truncated the matter.”
She held that there are “a plethora of authorities” supporting the court’s power to proceed.
On that basis, Justice Kocuvie-Tay declined the Deputy A-G’s prayer for immediate conviction and also rejected the defence’s request for an adjournment to await the Court of Appeal.
She emphasized that the court would abide by the appellate court’s ruling “whichever way it goes,” but would not halt proceedings in the meantime.
Accordingly, the judge ordered the accused persons, for the second time, to file their witness statements if they are so minded, on or before May 5, 2026.
READ: Wontumi’s attempt to halt trial over Samreboi galamsey charges dismissed
She further directed that Case Management Conference (CMC) will be conducted on May 7, 2026, when the matter resumes.
Source: Starrfm.com.gh
