Court Dismisses Wontumi’s Bid To Delay Judgment In Samreboi Mining Case

The Criminal Court 4 Division of the High Court in Accra has dismissed an application by lawyers for NPP Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to defer judgment in the Samreboi mining case.

The defence had also asked the court to refer aspects of the case to the Supreme Court for constitutional interpretation before judgment.

Justice Audrey Kocuvie-Tay ruled on Friday that the application for adjournment had no merit.

Holding brief for lead counsel Samuel Atta Akyea, lawyer Charles Boakye told the court that the substantive lawyer was out of the country and expected back on July 22. He said the defence filed an application for deferment and constitutional referral on July 16, and that the motion was scheduled for hearing on Monday.

Boakye added that the law firm Zoe, Atta Akyea & Co. had written to the court registry on July 17 to notify the court of counsel’s absence and to request an adjournment to a date after his return.

But Justice Kocuvie-Tay rejected the request.

“The law on adjournment is for the convenience of the court and lies within the discretion of the court. This court cannot grant the request. The application for adjournment is refused,” she ruled.

The judge also said the pending application for deferment and constitutional referral did not need to be argued orally before it could be decided.

“The court has discretion on how a motion should be dealt with. The application need not necessarily be moved. Once the application is filed, it is properly before the court. I deem it moved,” she added.

The court then dismissed the application and went ahead to deliver judgment.

*The Case*

Chairman Wontumi, Akonta Mining Company Limited and a third accused person, Kwame Antwi, are on trial over alleged illegal mining on the company’s concession at Samreboi in the Western Region.

Prosecutors allege that the accused unlawfully assigned mineral rights on the concession without approval from the sector minister, and also facilitated mining without the required authorisation, in breach of the Minerals and Mining Act.