Attorney General opposes Wontumi's bid to recall prosecution witness in illegal mining trial

The Office of the Attorney General has opposed an application by lawyers for businessman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, seeking to recall a prosecution witness for further cross-examination in his ongoing illegal mining trial.

Mr Boasiako is facing charges over allegations that he entered and conducted mining activities in the Tano Nimiri Forest Reserve without the requisite legal authorisation.

At the previous court sitting on October 27, 2026, his lawyer, Samuel Atta-Akyea, indicated that he intended to invoke Section 68(1) of the Evidence Act to seek the recall of Edward Akuoko, the prosecution's first witness, after the last prosecution witness had been discharged.

The provision states that “The court may, on its own motion or at the request of a party, call or recall witnesses.”

Chairman Wontumi, his company Akonta Mining, Edward Akuoko and 2 other individuals were initially accused of causing extensive environmental damage through illegal mining activities in the forest reserve, including the destruction of approximately 13 hectares of land.

According to the prosecution's brief facts, although Akonta Mining held a mining licence, its application to undertake mining activities within the forest reserve was rejected in August 2022. The company is, however, alleged to have proceeded with the operations despite the rejection.

The prosecution further alleged that the company erected several makeshift structures within the reserve to accommodate the large number of people working on the mining site.

“To provide housing for the teeming number of persons working for it, A1 (Akonta Mining) put up several makeshift structures across the Forest Reserve,” the brief facts stated.

Akuoko had initially faced charges including undertaking mining operations without a licence, abetting the unauthorised felling of trees in a forest reserve and facilitating the unauthorised construction of buildings within a forest reserve.

However, while the trial was ongoing, the Attorney General discontinued all charges against him and subsequently called him as a prosecution witness against Chairman Wontumi and Akonta Mining.

It is against this background that Mr Atta-Akyea is seeking to have Akuoko recalled for further questioning, having not been part of the defence team when the witness was discharged.

Attorney General's opposition
In an affidavit opposing the application, the Attorney General argued that a change in legal representation does not constitute sufficient grounds for recalling a witness.

Assistant State Attorney Maame Afua Osei Gyamera, who deposed to the affidavit, maintained that a witness could only be recalled on matters that were not known, and could not reasonably have been discovered through due diligence, at the time the witness gave evidence.

“That I am advised and I verily believe the same to be true that the only matters in respect of which a witness may be recalled are matters which were not known and which could not, even with the exercise of due diligence, have been known when the witness testified,” she stated.

The State further contended that the issues Mr Atta-Akyea intends to raise were already known when Akuoko testified and had previously been covered during his cross-examination on May 18, 2026.

According to the Attorney General, the defence had already been afforded the opportunity to question the witness on those matters, making the request for his recall unjustified.

The affidavit concluded by urging the court to dismiss the application, arguing that the circumstances warranted the exercise of its discretion against reopening the witness's testimony.

“I am finally advised, and I verily believe the same to be true that this is a proper case where this Court ought to exercise its discretion to summarily dismiss the present application,” it added.