Samreboi case: Court rejects Appiah Kubi's bid to withdraw as Wontumi's lawyer

An Accra High Court has dismissed an application by lawyer Andy Kwame Appiah Kubi seeking leave to withdraw his legal services to New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited in the ongoing Samreboi illegal mining trial.

The court ruled on Monday, June 15, that the motion was not supported by any rule of court or judicial authority and was therefore incompetent.

The decision means Appiah Kubi remains counsel on record for the first and third accused persons as the case moves closer to judgment, which remains scheduled for July 3.

In an affidavit supporting the motion, Appiah Kubi cited disappointment with several rulings and expressed concerns that the situation could affect his performance and, ultimately, the interests of his clients.

He argued that disagreements over procedural matters had strained relations between the defence, prosecution and the bench, and maintained that another legal team would be better placed to continue the defence.

However, delivering its ruling, the court held that a lawyer in a criminal matter does not require the court's permission to withdraw legal services.

According to the court, the issue of withdrawal is a matter between counsel and his client and does not require judicial approval.

The court further observed that the application had not been served on the affected clients, a key omission that undermined the motion.

Meanwhile, the Office of the Attorney-General and Ministry of Justice filed a preliminary legal objection challenging the application.

The prosecution, led by Deputy Attorney-General Dr. Justice Srem-Sai, argued that the motion raised issues relating to jurisdiction, capacity and standing.

Following the dismissal of the application, the court reiterated that judgment in the case remains fixed for July 3.

It, however, granted additional time for parties to file their written addresses, directing that any outstanding submissions be filed on or before June 24.

Chairman Wontumi, Akonta Mining Company Limited and another accused person are standing trial over alleged illegal mining activities at Samreboi in the Western Region.