Lawyers 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 and refer key constitutional questions to the Supreme Court for determination.

The written address, filed by Samuel Atta Akyea of Zoe, Akyea & Co. on July 13, 2026, argues 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.

The defence asked 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.

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In the alternative, should the court decline to refer the matter to the Supreme Court, the defence is urging 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.

The Accra High Court has adjourned the case to July 20, 2026, when judgment is expected to be delivered.

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The development comes after a series of dramatic procedural twists in the case.

The court had originally fixed July 3, 2026, for judgment, but the date was pushed back after Wontumi's previous lawyer, Andy Appiah-Kubi, withdrew his legal services following the dismissal of his application to withdraw after he had already led his client to close his case.

Wontumi subsequently appointed Samuel Atta Akyea as his new counsel, who sought time to acquaint himself with the proceedings before filing the written address.

Chairman Wontumi and Akonta Mining face charges, including the assignment of mineral rights without authorisation, in connection with alleged illegal mining activities in the Samreboi area.

Read the full document below:

COURT UPDATE

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

— Austine (@obiMpenaAustine) July 14, 2026