The High Court has rejected an application filed by lawyers for Ashanti Regional NPP Chairman, Bernard Antwi-Boasiako—popularly 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.
Lead counsel for the first accused, Andy Appiah Kubi, had argued that a prosecution witness relied on an alleged deed or agreement purportedly signed by Wontumi and another accused person. He said the defence required copies of these documents to adequately prepare for trial.
However, Deputy Attorney General Dr. Justice Srem-Sai opposed the request, describing it as legally unfounded. He explained that under the 2018 Practice Direction on Disclosures and Case Management in Criminal Proceedings, any request for additional disclosures must be shown to be exculpatory—something the defence had failed to establish.
He further noted that the prosecution does not possess any such deed or written agreement, and clarified that the charge under Section 14 of the Minerals and Mining Act does not require the existence of a document. Rather, the absence of a lawful deed is itself central to the offence of permitting mining without proper authority.
After reviewing the motion and supporting affidavit, the Court ruled that the defence had provided no legal basis for its request and emphasised that the prosecution could not be compelled to produce documents it does not have.
The application was therefore dismissed.
The case—which focuses on allegations that Chairman Wontumi allowed mining activities on his Samreboi concession without authorisation—will now move to the next stage of the Case Management Conference.
