Omanghana
Newly appointed defense lawyer Samuel Atta Akyea has filed an urgent application before the Accra High Court seeking to postpone the delivery of judgment in the high-profile illegal mining case involving Bernard Antwi Boasiako, popularly known as Chairman Wontumi.
The application asks the court to suspend its planned judgment, scheduled for Friday, July 3, 2026, arguing that proceeding with the case under the current circumstances would violate the constitutional right of the accused to a fair hearing.
Chairman Wontumi, the Ashanti Regional Chairman of the New Patriotic Party (NPP), is standing trial alongside Akonta Mining Limited over allegations relating to illegal mining activities within the Samreboi Forest Reserve.
Defense Cites Change of Counsel
According to court documents, Samuel Atta Akyea recently assumed responsibility for the criminal defense of Chairman Wontumi and Akonta Mining Limited following the unexpected withdrawal of their previous lawyer, Mr. Appiah-Kubi.
Atta Akyea argues that he inherited the matter at a critical stage of the proceedings, shortly before the court was due to deliver its final judgment.
In an affidavit supporting the application, the veteran lawyer contends that he has been unable to adequately prepare for the final phase of the trial because he has not received the necessary court records.
Lawyer Says Court Records Are Unavailable
The application states that repeated efforts to obtain certified copies of the proceedings, documentary evidence, witness testimonies, and other filed processes from the High Court registry have been unsuccessful.
Atta Akyea argues that without access to the complete record of proceedings, it would be impossible for him to fully understand the complexities of the case or prepare meaningful final written submissions on behalf of his clients.
He insists that the request for an adjournment is not intended to delay justice but rather to ensure that his clients receive the fair trial guaranteed under Ghana’s Constitution.
According to the defense, every accused person is entitled to effective legal representation, and newly appointed counsel must be afforded sufficient time and access to case materials to properly discharge that responsibility.
Attorney-General Opposes Application
The Office of the Attorney-General has, however, strongly opposed the application and is urging the High Court to dismiss it.
State prosecutors have filed a 13-paragraph affidavit in opposition, arguing that the motion is an abuse of the court’s process and lacks any legal basis.
The prosecution contends that Chairman Wontumi and his co-accused were represented by competent legal counsel throughout the duration of the trial and cannot now rely on a late change of lawyers to delay the conclusion of the proceedings.
According to the Attorney-General’s Office, the withdrawal of the previous defense lawyer was entirely voluntary and was not the result of any order or action by the court.
State Questions Defense’s Conduct
Senior State Attorney Nana Ama Prempeh further argues that if the new legal team required access to previous case documents, they should have obtained them directly from outgoing counsel instead of attributing the delay to the High Court registry.
The prosecution maintains that the defense has had ample opportunity to prepare its case and that granting the application would unnecessarily prolong proceedings that have already run their course.
The Attorney-General is therefore asking the court to proceed with the scheduled judgment on July 3.
Background to the Samreboi Mining Case
The criminal prosecution stems from allegations of illegal mining activities, commonly known as galamsey, within the environmentally protected Samreboi Forest Reserve.
Chairman Wontumi and Akonta Mining Limited face charges relating to the alleged unauthorized assignment of mineral rights and the facilitation of unlicensed mining operations in the reserve.
Another accused person, Akonta Mining director Kwame Antwi, is reportedly still at large.
Earlier in the proceedings, the High Court dismissed a submission of no case to answer filed by the defense, ruling that the prosecution had established a prima facie case against Chairman Wontumi.
That decision required the accused to open their defense before the trial concluded in June.
Court to Decide Next Steps
The High Court is now expected to first determine Atta Akyea’s application for an enlargement of time and postponement of the proceedings before deciding whether to deliver its long-awaited judgment on July 3 as originally scheduled.
The court’s ruling on the application could determine whether the closely watched trial proceeds to its conclusion this week or is delayed to allow the newly appointed defense counsel additional time to prepare.
Source: Omanghana
