Samuel Atta Akyea, a lawyer for NPP Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, have filed a written address in the Accra High Court asking the presiding judge to stay the delivery of judgment in the Samreboi illegal mining case.
On July 13, 2026, the written address was filed by Samuel Atta Akyea of Zoe, Akyea & Co. on July 13, 2026.
Atta Akyea, in the written address, argued that certain sections of the Minerals and Mining Act under which Wontumi and his co-accused are charged may be unconstitutional and should be determined by the Supreme Court before any judgment is delivered.
They urged the court to refer three constitutional questions to the Supreme Court for determination, “including whether Section 14(1) of the Minerals and Mining Act, 2006, is legally vague, overbroad, and inconsistent with Article 19(11) of the 1992 Constitution, and whether Section 99(2)(b) of the same Act, as amended in 2019, is similarly unconstitutional, null, and void”.
They further added that should the court decline to refer the matter to the Supreme Court, the defence urges the judge to hold that the prosecution has failed to prove its case beyond reasonable doubt and acquit and discharge Wontumi and his co-accused on all charges.
“Our criminal justice system remains firmly anchored on the constitutional presumption of innocence and the enduring principle that it is preferable for ninety-nine guilty persons to escape punishment than for an innocent person to be wrongly convicted.
“Where, as here, the evidence leaves substantial doubt as to the guilt of A1 and A3, the Court has but one legal duty: to acquit A1 and A3,” the written address stated.
Meanwhile, an Accra High Court has granted counsel for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, commonly known as Chairman Wontumi, an extension of time to file a written address in his Samreboi illegal mining case.
On Monday, June 29, Wontumi’s lawyer, Samuel Atta Akyea, was given until July 13, 2026, to file any written submissions he intends to rely on.
The court also adjourned the case to July 20, 2026, when it is expected to deliver its judgment.
Earlier, the Office of the Attorney General has opposed an application filed by defence lawyer Samuel Atta Akyea seeking to defer judgment in the Samreboi illegal mining case involving Chairman Wontumi and others.
The AG office, in an affidavit filed at the High Court in Accra, detailed that the deferment is unjustified and should be dismissed outright.
Nana Ama Prempeh, a Senior State Attorney at the Office of the Attorney-General, in a 13-paragraph affidavit, firmly opposed the motion for deferment.
According to the prosecution, the accused person had been represented by legal counsel throughout the duration of the trial, and the withdrawal of his previous lawyer was voluntary.
In a Facebook post the Operation Recover All Loot (ORAL) wrote, “In a 13-paragraph affidavit in opposition deposed to by Nana Ama Prempeh, a Senior State Attorney, and filed this afternoon, the Attorney General strongly argues that the accused person having been represented by Counsel throughout the trial and that Counsel only withdrawing voluntarily and not for cause, the proper source for a new Lawyer to procure the records of and any brief or briefing on the case is the outgoing counsel and not the Court’s Registry”.
The Attorney General’s affidavit follows, the counsel for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, Samuel Atta Akyea, has filed an application before the High Court seeking a postponement of his client’s judgment in the ongoing Samreboi mining case.
Atta Akyea, in his application filed before Justice Audrey Kocuvie-Tay, is asking the court to defer the delivery of judgment scheduled for July 3, 2026.
He is asking the court for sufficient time to familiarise himself with the case and prepare written submissions on behalf of his clients.
According to Atta Akyea, written submissions constitute an important component of criminal proceedings and often provide counsel with the opportunity to highlight key legal and factual issues that may assist the court in their decision.
Part of the affidavit filed by Wontumi’s lawyer read, “As counsel presently on record for the accused persons, it is necessary that I be afforded a reasonable opportunity to familiarise myself with the record and advise my clients appropriately”.
Atta Akyea stressed that the outcome of the case could have significant implications for their liberty, reputation, rights, and interests, making effective legal representation essential.
He argued that the constitutional right to a fair trial necessarily includes the right of an accused person to effective legal representation at every stage of criminal proceedings, comprising the period closely preceding judgment.
Atta Akyea highlighted that denying him the opportunity to review the proceedings and prepare a comprehensive submission would place his clients at a substantial disadvantage, especially when the prosecution team led by the Attorney-General.
“The Republic is ably represented by the Hon. Attorney-General and his formidable team, who will put together a written submission ostensibly to hammer out the guilt of the accused persons”.
“The sole purpose of this application is to enable me to obtain and peruse the record of proceedings before judgment is delivered”, the affidavit states.
See the post below:
COURT UPDATE
— Austine (@obiMpenaAustine) July 14, 2026
Lawyers for Chairman Wontumi in the Samreboi case file written address asking Judge to stay delivery of judgement and refer a constitutional matter to the Supreme Court
They maintain if Judge refuses, Wontumi is still NOT GULITY
Judgement is on 20th July 2026 pic.twitter.com/OHOcfzmsga
