Bernard Antwi-Boasiako
The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako aka Wontumi, who is accused of facilitating others to mine on his Akonta Mining concession at Samreboi without lawful authority, has asked the court to dismiss the case against him as the Attorney General has failed to establish a case against him and his company.
According to a submission of no case to answer filed by his lawyers, the prosecution’s case suffers from fundamental and fatal deficiencies, both in terms of the absence of evidence on essential elements and in terms of the quality and reliability of the evidence adduced.
“Having regard to the evidence adduced by the prosecution and the essential elements of the offences charged, it is respectfully submitted that the prosecution has woefully failed to establish a prima facie case against the Accused Persons on all six counts,” the application stated.
It argues that the prosecution failed to adduce sufficient evidence to establish a prima facie case against them on all six (6) counts charged under the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995).
“Accordingly, the Accused Persons respectfully urge this Honourable Court to uphold this submission of no case to answer and to acquit and discharge them forthwith pursuant to Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30),” the application urged.
Allegations
Wontumi is on trial on allegations he permitted other individuals to undertake mining on his Akonta Mining concession at Samreboi in the Western Region without a written approval from the Minister for Lands and Natural Resources.
He has been charged with one count of assignment of mineral rights without approval, and another count of purposely facilitating an unlicensed mining operation, contrary to Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).
His company, Akonta Mining and another person identified as Kwame Antwi, who is on the run, have been charged with the same offences.
He has pleaded not guilty to all the charges and was granted a bail of GH¢15 million by the court.
No Case To Answer
The submission of no case to answer filed at the end of the prosecution’s case avers, among others that the mere allegation that the accused persons “permitted” or “allowed” mining operations to take place on a concession does not, without more, constitute an assignment of mineral rights within the meaning of Section 14(1) of Act 995.
It says the most fundamental and fatal deficiency in the prosecution’s case on Counts One, Two, and Three is the complete absence of evidence establishing that there was an “assignment” of mineral rights within the legal meaning of Section 14(1) of the Minerals and Mining Act, 2006 (Act 703).
“The prosecution’s failure to adduce evidence of an assignment is not a minor or technical deficiency; it is a fundamental failure to prove an essential element of the offences charged in Counts One, Two, and Three. Without evidence of an assignment, the charges of “assignment of mineral rights without approval” cannot be sustained.”
The submission further argues that there is complete absence of evidence establishing that the accused persons “purposely facilitated” unlicensed mining operations within the meaning of Section 99(2)(b) of Act 703.
“The mere fact that unlicensed mining activities occurred on a concession held by the 3rd Accused Person (Akonta Mining) does not, without more, establish that the Accused Persons “purposely facilitated” such activities. The prosecution must prove positive acts of facilitation, and it has failed to do so,” it continued.
It added that “the evidence adduced by the prosecution is manifestly unreliable, uncorroborated, hearsay, self-serving, and contradictory. No reasonable tribunal, properly directing its mind to the law and the evidence, could safely convict the Accused Persons on such evidence.”
It is, therefore, asking the court to acquit and discharge Wontumi and Akonta Mining on all six counts.
BY Gibril Abdul Razak
