Chairman Wontumi’s lawyer files application to postpone judgment of Samreboi case

Samuel Atta Akyea has filed an application before the High Court seeking a postponement of judgment in the ongoing Samreboi mining case involving Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and another accused person.

The application, filed before Justice Audrey Kocuvie-Tay, is asking the court to defer the delivery of judgment scheduled for July 3, 2026, to allow newly appointed counsel sufficient time to familiarise himself with the case and prepare written submissions on behalf of his clients.

According to the motion, Atta Akyea was recently engaged to represent the first and third accused persons after their previous lawyer withdrew from the case at a critical stage of the proceedings.

In an affidavit supporting the application, the former Abuakwa South MP explained that the trial had reached its concluding phase when the previous lawyer ceased acting for the accused persons, leaving them without legal representation for the final processes leading to judgment.

He noted that after the defence closed its case on June 3, 2026, the court adjourned proceedings to July 3, 2026, for judgment.

Atta Akyea argued that 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 arriving at its decision.

He stated that following his appointment, he immediately filed a notice of appearance and subsequently applied to the court registrar for certified copies of the entire record of proceedings and all processes filed in the case.

However, he told the court that, as of the time of swearing the affidavit, the requested documents had not yet been made available to him.

According to him, the registrar had further indicated that access to the court docket would be required to photocopy several critical documents necessary for his review of the case.

The lawyer contended that without access to the complete record, he would be unable to properly acquaint himself with the evidence, arguments, and proceedings that had taken place during the trial.

“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,” he stated.

Atta Akyea further argued that the stakes in the case are extremely high given the nature of the criminal charges facing the accused persons.

He stressed that the outcome of the case could have significant implications for their liberty, reputation, rights, and interests, making effective legal representation essential.

The affidavit also invokes Article 19 of Ghana’s Constitution, which guarantees the right to a fair hearing.

According to Atta Akyea, 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, including the period immediately preceding judgment.

He argued 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 would have the benefit of presenting detailed legal arguments in support of the state’s case.

“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 affidavit states.

Atta Akyea maintained that he should equally be afforded the opportunity to study the record and advance arguments supporting the innocence of his clients or demonstrate that the prosecution has failed to prove its case beyond reasonable doubt.

He insisted that the application is not intended to obstruct or delay justice but is solely aimed at ensuring that he can effectively discharge his professional responsibilities to 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,” he emphasised.

The lawyer further argued that granting the request would not cause any irreparable prejudice to the Republic.

Rather, he said, allowing a reasonable extension would strengthen public confidence in the administration of justice by ensuring that the accused persons enjoy the full benefit of legal representation before judgment is delivered.

Atta Akyea is therefore asking the court to grant a reasonable postponement of the judgment date to enable him to receive the certified records, study the proceedings thoroughly, and file the necessary written submissions on behalf of Chairman Wontumi and the third accused person.

The court is expected to determine whether the request meets the threshold for delaying judgment in the high-profile criminal case.