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The High Court has dismissed an application by lawyers for the Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi-Boasiako, widely known as Chairman Wontumi, seeking further disclosures from state prosecutors in the ongoing case in which he is accused of unlawfully permitting mining on his Samreboi concession.
Wontumi’s lawyer, Andy Appiah Kubi, argued that the prosecution’s witness relied on an alleged deed or agreement supposedly signed by the accused persons, and therefore the defence required copies of the documents to adequately prepare for trial.
However, Deputy Attorney General Dr. Justice Srem-Sai strongly opposed the request, describing it as legally unfounded. He stressed that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, further disclosures must be proven to be exculpatory, a standard the defence failed to meet.
The prosecution insisted it does not possess any such deed or agreement and noted that the charges under Section 14 of the Minerals and Mining Act do not require the existence of a written agreement. Prosecutors argued that the absence of a proper deed is itself part of the alleged offence, which concerns granting permission for mining without lawful authority.
After reviewing the motion and supporting affidavit, the Court ruled that the defence failed to establish any legal grounds for compelling the disclosures. It further accepted the prosecution’s assertion that it cannot provide documents that do not exist.
The judge subsequently dismissed the application. The case, which revolves around allegations that Chairman Wontumi allowed mining activities on his Samreboi concession without authorisation, will now proceed to the next phase of the Case Management Conference.
