Ghana High Court: Atta Akyea to Recall Witness in Tano Nimiri Illegal Mining Case

• The Accra High Court permitted lawyer Samuel Atta Akyea to recall the first prosecution witness in the Tano Nimiri illegal mining case.
• This recall is for further cross-examination of the witness, occurring after the Attorney-General had concluded its case.
• Bernard Antwi-Boasiako, known as Chairman Wontumi, faces charges including abetting unauthorized tree felling and unlicensed mining in a forest reserve.
• A police detective testified that Chairman Wontumi aided illegal mining activities, though he did not personally operate machinery.
• Justice Ruby Aryeetey adjourned the proceedings to Wednesday, November 18, 2026.

Justice Ruby Aryeetey's ruling underscores the Ghanaian High Court's discretionary power to allow the recall of a prosecution witness for further cross-examination, even after the prosecution has formally closed its case.

The High Court in Accra recently granted a significant application filed by lawyer Samuel Atta Akyea, who serves as counsel for Bernard Antwi-Boasiako, widely recognized as Chairman Wontumi. This ruling permits the recall of the initial prosecution witness in the ongoing Tano Nimiri illegal mining case for additional cross-examination. Justice Ruby Aryeetey presided over the proceedings, subsequently adjourning the matter until Wednesday, November 18, 2026, to allow for this procedural step.

Mr. Akyea's request to re-examine the witness, who had previously testified in the trial involving the former Ashanti Regional Chairman of the New Patriotic Party (NPP), Mr. Antwi-Boasiako, was made after the Attorney-General's department had formally concluded its presentation of evidence against his client. Notably, Dr. Justice Srem-Sai, representing the Attorney-General and acting as the lead prosecutor, did not raise any objection to the defense's application for the witness recall, indicating a procedural consensus on this particular request.

Bernard Antwi-Boasiako faces serious allegations related to illegal mining, often referred to as "galamsey," specifically concerning activities within the Tano Nimiri Forest Reserve in the Ashanti Region. He stands accused on two separate counts of abetting the unauthorized felling of trees within a protected forest area. These charges are brought under Section 1(1)(a) of the Forest Protection Act, 1974 (NRCD 243), as amended by Section 1 of the Forest Protection (Amendment) Act, 2002 (Act 624), and further under Section 20(1) of the Criminal Offences Act, 1960 (Act 29).

The prosecution's case details accusations that Mr. Antwi-Boasiako engaged in mining operations within the Tano Nimiri Forest Reserve without possessing the requisite license. Furthermore, he is alleged to have deliberately facilitated the unlawful felling of more than 300 merchantable trees, alongside an unquantifiable number of saplings, all within the boundaries of the same forest reserve. Collectively, the accused, along with his associated company, faces a total of six counts, which include undertaking mining operations without a valid license, felling trees in a forest reserve without explicit written authorization from the competent forest authority, and abetting the unlawful felling of trees.

During the initial phase of the trial, the prosecution presented three witnesses to substantiate its case against Mr. Antwi-Boasiako. Among these, Police Detective Eugene Akpor Glover, who served as the third and final prosecution witness, provided crucial testimony. Under cross-examination, Detective Glover informed the court that Mr. Antwi-Boasiako had indeed aided illegal mining activities situated at the Tano Nimiri concession.

However, during the same cross-examination, Mr. Akyea put forth a suggestion to Detective Glover, asserting that his client had never personally operated any machinery at the Tano Nimiri concession. Detective Glover concurred with this specific point, acknowledging that Mr. Antwi-Boasiako had not personally engaged in operating the machinery. Nevertheless, the detective maintained that the accused, popularly known as Chairman Wontumi, had provided assistance to other individuals in carrying out mining activities that were contrary to established law.

Justice Ruby Aryeetey's ruling represents a notable procedural development within the Ghanaian legal system. The decision to permit the recall of a prosecution witness for further cross-examination, particularly after the Attorney-General had already closed its case, highlights a significant aspect of judicial discretion. This action in the Chairman Wontumi galamsey case demonstrates the court's authority to manage trial proceedings flexibly.

Justice Ruby Aryeetey's ruling underscores the Ghanaian High Court's discretionary power to allow the recall of a prosecution witness for further cross-examination, even after the prosecution has formally closed its case. For legal practitioners, this serves as an important precedent, illustrating a potential avenue for defense counsel to revisit and challenge testimony or introduce new lines of inquiry at a relatively advanced stage of a criminal trial, especially in complex environmental cases like those involving illegal mining.

This ruling demonstrates the Ghanaian High Court's discretion to allow the recall of a prosecution witness for further cross-examination, even after the prosecution has closed its case. Lawyers should note this as a potential procedural avenue for strengthening defense arguments or addressing new information in complex criminal trials, particularly those involving high-profile environmental offenses like illegal mining.

Source: Original reporting via Ghanaian Times