Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, appeared before the Accra High Court on Monday as the court considered an application seeking to halt judgment in his alleged illegal mining case pending a constitutional interpretation by the Supreme Court.
The High Court had scheduled July 20 to deliver judgment in the criminal trial involving Chairman Wontumi and Akonta Mining Company Limited over alleged illegal mining activities at a concession in Samreboi in the Western Region. However, proceedings were expected to first address the defence’s application requesting that judgment be stayed until the Supreme Court determines constitutional questions arising from the case.
Wontumi’s legal team, led by former Abuakwa South MP Samuel Atta Akyea, argues that provisions of the Minerals and Mining Act, 2006 (Act 703), under which the accused have been charged, should first be examined by the Supreme Court for their constitutionality. The application invokes Article 19(11) of the 1992 Constitution, which requires that criminal offences and their penalties be clearly defined in law.
The defence is asking the Supreme Court to determine whether Section 14(1) of the Minerals and Mining Act, which regulates the assignment or transfer of mineral rights, and Section 99(2)(b), which prescribes penalties for certain mining offences, are unconstitutional on the grounds that they are vague and fail to clearly define the alleged criminal conduct. The application further seeks a determination on whether charges founded on those provisions can stand if they are declared unconstitutional.
According to the defence, the High Court is required to suspend proceedings until the apex court rules on the constitutional issues raised. Lead counsel Samuel Atta Akyea was not present in court on Monday, with the defence informing the court that he was outside the jurisdiction and expected to return later in the week.
The case stems from allegations that Wontumi, together with Akonta Mining Company Limited and another accused person, facilitated unlicensed mining operations and transferred mineral rights without the approvals required under Ghana’s mining laws. Wontumi and the company have pleaded not guilty to all charges.
The trial, which began after the accused were arraigned in October 2025, concluded after both the prosecution and defence called four witnesses each. The High Court had previously adjourned the matter from its earlier judgment date to July 20 after granting the defence additional time to file its final written submissions following the appointment of Atta Akyea as lead counsel.
The court was expected to first determine whether to grant the application for a stay of proceedings or proceed with delivering its judgment in the case.
