The Accra High Court has rejected a request from the legal representatives of NPP Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to postpone the judgment and to refer certain elements of the case to the Supreme Court for constitutional interpretation before the court’s ruling in the Samreboi mining case.
Justice Audrey Kocuvie-Tay determined that the request for adjournment was without merit after the defense counsel indicated to the court that the principal attorney, Samuel Atta Akyea, was out of the country and would return on July 22.
In the absence of Atta Akyea, Charles Boakye represented him and informed the court that on July 16, they had submitted a request for the postponement of judgment and a constitutional referral, noting that the motion was also set for hearing on Monday.
He elaborated that the law firm of Zoe, Atta Akyea & Co. had communicated with the court’s registry on July 17 to inform them of lead counsel’s absence from the jurisdiction and requested that the application be rescheduled for a date following his return.
Nevertheless, Justice Kocuvie-Tay denied the request, asserting that if counsel had a prior commitment, the court should have been notified sooner.
“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,” the judge ruled.
The court also stated that the outstanding application for postponement of judgment and constitutional referral did not necessitate oral arguments for it to be resolved.
“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,” Justice Kocuvie-Tay remarked.
She then dismissed the application and proceeded to issue the judgment.
Chairman Wontumi, along with Akonta Mining Company Limited and a co-defendant, Kwame Antwi, are currently facing trial for purported illegal mining operations on the company’s concession located in Samreboi, within the Western Region.
The prosecution contends that the defendants improperly allocated mineral rights on the concession without obtaining the necessary approval from the sector minister and enabled mining activities without the requisite authorization, in violation of the Minerals and Mining Act.
