Atta Akyea takes over from Andy Appiah Kubi as lawyer for Wontumi’s Samreboi case

The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, has appointed lawyer and former Member of Parliament Samuel Atta Akyea to represent him in the Samreboi illegal mining case.

This follows the decision of his former lawyer, Andy Appiah Kubi, who indicated his intention to file a notice of withdrawal after Criminal Court 4 dismissed an application seeking to discontinue his legal representation.

In its ruling, the court held that the application was not supported by any rule of court or judicial authority. It further stated that in criminal proceedings, a lawyer does not require the permission of the court to discontinue legal representation, as such matters are between counsel and the client.

The court also observed that the application had not been served on Chairman Wontumi, a factor it considered significant in dismissing the motion.

The court reaffirmed that judgment in the case remains scheduled for July 3, 2026. However, it granted an extension for parties to file any final written addresses, directing that such submissions be filed on or before June 24, 2026.

Background
Chairman Wontumi is facing two charges: assignment of mineral rights without approval and intentionally facilitating an unlicensed mining operation, contrary to Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995).

His company, Akonta Mining Limited, and another accused person, Kwame Antwi, who is currently on the run, have also been charged with the same offences. Both have denied the allegations.

Prosecution's Case
The prosecution's first witness, Michael Gyedu Ayisi, an artisanal miner, testified that he worked under Henry Okum on the Samreboi concession and came to know that the concession belonged to Chairman Wontumi through information provided by Okum.

Under cross examination, Ayisi admitted that he had never personally interacted with Chairman Wontumi and possessed no documentary evidence showing that the concession had been assigned or transferred to anyone.

The second prosecution witness, Henry Okum, a small scale miner, told the court that he entered into a verbal arrangement with Chairman Wontumi to undertake land reclamation and mining activities on the concession.

However, he acknowledged during cross examination that there was no written agreement, deed of assignment, or ministerial approval supporting the alleged arrangement.

Joseph Iroko, Senior Manager in charge of Legal Affairs at the Minerals Commission, testified that a search of the Commission's records revealed no application, approval, or documentation indicating that Akonta Mining had assigned or transferred its concession to Henry Okum.

He stated that without ministerial approval, no such assignment could be legally recognised.

The case investigator, Detective Chief Inspector Sarfo Asiedu Kwasi, also testified about investigations into mining activities at Samreboi and parts of the Tano Nimiri Forest Reserve.

According to him, police arrested 29 suspects and seized excavators, gold, firearms, ammunition and cash during operations in the area.

Under cross examination, he confirmed that Chairman Wontumi was not present at the mining site during the operation and that none of the suspects arrested had been identified as employees of Akonta Mining Limited.

Defence Case
The defence's first witness, Wisdom Edem Gomashie, told the court that granting verbal permission for land reclamation does not amount to assigning mineral rights under the Minerals and Mining Act and the Minerals and Mining (Licensing) Regulations, L.I. 2176.

He stated that after reviewing the charges, his professional assessment was that the allegations did not meet the legal threshold for assignment of mineral rights.

However, under cross examination by Deputy Attorney General Justice Srem Sai, Gomashie admitted that he had no knowledge of whether Henry Okum had actually carried out mining activities on the concession.

The second defence witness, former Deputy Minister for Lands and Natural Resources responsible for Mining, George Mireku Duker, testified that Akonta Mining's concession had been invaded by illegal miners and that the matter had been reported to the ministry during his tenure.

He said he personally led a security operation to the concession to remove illegal miners who had encroached on the land.

Chairman Wontumi, testifying in his own defence, denied ever authorising any individual to undertake mining activities on the concession.

He told the court that although Akonta Mining had acquired a mining lease, the company never commenced mining because the lease had not received parliamentary ratification.

He further denied granting Henry Okum permission to mine on the land.

Former Western Regional Minister and Regional Security Council Chairman, Kwabena Okyere Darko Mensah, also rejected claims that Chairman Wontumi or Akonta Mining had engaged in or facilitated illegal mining activities on the concession.

During cross examination, however, Darko Mensah stated that he had no knowledge of any dealings between Chairman Wontumi and Henry Okum.

The final defence witness, Evans Addae, testified that illegal miners were still operating on the Samreboi concession.

He told the court that Chairman Wontumi had never visited the concession and tendered a video showing ongoing illegal mining activities on the land.

Under cross examination, Addae said he had no knowledge of Chairman Wontumi instructing anyone to carry out mining operations on the concession.

With both the prosecution and defence having closed their cases, the court is expected to deliver judgment on July 3, 2026.