THE Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai, has urged the High Court in Accra to dismiss a submission of no-case to answer led by Bernard Antwi-Boasiako in an alleged illegal mining case.
According to him, the prosecution had presented credible, admissible and legally sufficient evidence covering all the essential elements of the offences charged.
Dr Srem-Sai told the court that documentary evidence before it established the mineral rights involved and the absence of the statutory approval required for the mining activities.
He added that witness testimonies also demonstrated the deployment of mining machinery and the extraction of gold on the concession.
“We, therefore, pray that the submission of no-case to answer be dismissed in its entirety and the accused persons be called upon to open their defence,” he stated.
The court, presided over by Justice Audrey Kocuvie-Tay, adjourned the case to March 16 for a ruling on the submission.
Mr Antwi-Boasiako, popularly known as Chairman Wontumi, together with his company, Akonta Mining, and a director, Kwame Antwi, are facing charges related to illegal mining.
The prosecution alleges that the accused assigned mineral rights to Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without the prior approval of the sector minister and purposely facilitated an unlicensed mining operation at Samreboi in the Western Region.
Lawyers for Mr Antwi-Boasiako had earlier asked the court to acquit and discharge the accused persons pursuant to Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
They argued that the prosecution had failed to establish the offences with credible and sufficient evidence.
Lead counsel Andy Appiah-Kubi contended that the prosecution failed to establish a prima facie case under the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995).
He therefore urged the court to uphold the submission of no case to answer and acquit and discharge the accused persons.
BY MALIK SULLEMANA
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