A High Court in Accra has dismissed an application by Ashanti Regional Chairman of the New Patriotic Party, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, seeking to halt proceedings in a criminal case linked to alleged illegal mining activities on the Samreboi concession.
The application, which sought a stay of proceedings pending the outcome of an interlocutory appeal, was ruled to be without merit by the presiding judge, Justice Audrey Kocuvie-Tay, after considering arguments from both the defence and the prosecution.
With the application dismissed, the court directed the accused to file his witness statement, if he intends to testify, by April 14, 2026. A Case Management Conference has also been scheduled for April 20, 2026 to advance the trial.
The development follows an earlier ruling on March 16, 2026, where the court rejected a submission of no case filed by Chairman Wontumi and Akonta Mining Limited, the third accused in the matter, and ordered them to open their defence in response to six charges.
Dissatisfied with that decision, the defence filed an interlocutory appeal at the Court of Appeal and subsequently applied for a stay of proceedings at the High Court, arguing that continuing the trial would prejudice their client and render the appeal ineffective.
Lead counsel for the accused, Andy Appiah-Kubi, maintained that the appeal raised significant legal questions, particularly regarding the standards applied at the submission of no case stage, and insisted that forcing the accused to open his defence before the appeal is determined would undermine his constitutional rights.
However, the prosecution opposed the application, describing it as a delay tactic. Deputy Attorney General Dr. Justice Srem-Sai argued that the defence had failed to demonstrate any exceptional circumstances required to justify a stay of proceedings.
He further explained that the dismissal of a submission of no case does not compel an accused person to testify but rather offers the opportunity to respond to the prosecution’s evidence or remain silent for the court to determine the case based on the evidence before it.
The prosecution also maintained that the issues raised by the defence could adequately be addressed on appeal without halting the trial.
In dismissing the application, the court effectively cleared the way for proceedings to continue, with the accused expected to mount his defence as the case moves into its next stage.
