State prosecutors have formally concluded their presentation of evidence in the criminal proceedings involving Bernard Antwi Boasiako, the Ashanti Regional Chairman of the New Patriotic Party, as the trial over multiple alleged illegal mining offences enters a decisive procedural phase.
The close of the prosecution’s case followed the testimony of its fourth and final witness, a technical specialist from the Minerals Commission, who completed his evidence after an extensive cross examination conducted by Andy Appiah Kubi, legal counsel for Akonta Mining Company Limited and its owner, Bernard Antwi Boasiako, popularly known as Chairman Wontumi.
During questioning, the expert witness acknowledged that records available to the Minerals Commission did not indicate that the accused persons held the specific permit that has featured prominently in the trial. He explained that any activity carried out without the appropriate authorisation falls within the scope of the Minerals and Mining Amendment Act of 2019, which criminalises mining operations undertaken without lawful approval.
In pressing his case, defence counsel suggested that there was no recognised legal transfer or assignment between Akonta Mining Company Limited and Henry Okum, a prosecution witness, that had been brought to the attention of the Minerals Commission or other relevant state institutions. Responding to this line of questioning, the witness maintained that his testimony was consistent with his earlier written statement and reiterated that in the course of regulatory enforcement, officials routinely encounter individuals who operate in breach of mining laws. He stressed that acting without a licence, permit or lawful authority is expressly prohibited under the current legal framework governing mineral resources.
Following the completion of cross examination, counsel for the accused persons applied to the court for a four week period to enable the defence prepare and file a submission of no case. This procedural step allows accused persons to argue that the prosecution has failed to establish sufficient evidence to require them to open a defence.
A submission of no case is provided for under Section 173 of the Criminal and Other Offences Procedure Act of 1960 and gives the court the opportunity to determine whether a prima facie case has been made. Where such a submission succeeds, the accused persons are discharged without being called upon to testify. Where it fails, the court directs the accused to begin their defence.
Presiding judge Justice Audrey Kocuvie Tay declined the request for four weeks and instead ordered the defence to file its submission within fourteen days. The court subsequently adjourned the matter to February 18 2026 for further proceedings.
The case arises from allegations that Chairman Wontumi and Akonta Mining Company Limited authorised two individuals to conduct mining activities on the company’s concession at Samreboi in the Western Region without obtaining the mandatory approval from the sector minister. The accused persons face charges including the unlawful assignment of mineral rights and the intentional facilitation of unlicensed mining operations.
In the same matter, Kwame Antwi, a director of Akonta Mining Company Limited who is facing similar charges relating to the unauthorised transfer of mineral rights and the facilitation of illegal mining, is currently at large and has yet to be apprehended by law enforcement authorities.
All accused persons before the court have entered pleas of not guilty and have been admitted to bail as the trial continues. The outcome of the pending submission of no case is expected to determine whether the proceedings move into the defence stage or come to an early conclusion.
