The High Court in Accra will today deliver judgment in the criminal trial of the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi.
He is accused of unlawfully assigning his mining concession at Samreboi in the Western Region.
Mr Antwi-Boasiako pleaded not guilty to charges of assignment of mineral rights without approval and purposely facilitating an unlicensed mining operation, contrary to the Minerals and Mining Act.
If acquitted, the court would have found that the prosecution failed to prove its case beyond reasonable doubt. If convicted, however, he could face a custodial sentence of up to 25 years.
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Ahead of the judgment, counsel for the accused, Samuel Atta Akyea, filed a motion on July 16 seeking a postponement of the judgment and a referral of the case to the Supreme Court for interpretation of provisions of the Minerals and Mining Act.
Mr Akyea argued that Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), under which his client is being prosecuted, is vague, overbroad and inconsistent with the fair trial guarantees under Article 19(11) of the 1992 Constitution.
He prayed the court to refer the constitutional question to the Supreme Court and, if the request is declined, to acquit and discharge his client.
The Attorney-General charged Mr Antwi-Boasiako, a shareholder of Akonta Mining Limited, together with Kwame Antwi, a director of the company, who is currently at large.
During the trial, the prosecution called four witnesses. One of them, Henry Okum, a small-scale miner, testified that he had a verbal agreement with Mr Antwi-Boasiako to mine on the concession.
At the close of the prosecution's case, the court held that a prima facie case had been established against Mr Antwi-Boasiako and ordered him to open his defence after dismissing his submission of no case to answer.
