The application seeks his temporary release from prison while he appeals his conviction and 20-year sentence for illegal mining-related offences linked to operations on his Samreboi concession in the Western Region.

The court fixed the date on Thursday, October 15, after hearing arguments from Wontumi’s legal team, led by Samuel Atta Akyea, and the prosecution, represented by Deputy Attorney-General Dr Justice Srem-Sai.

Defence Argues for Bail

Moving the application, Mr Atta Akyea urged the court to grant his client bail, arguing that the grounds of appeal raised substantial legal questions with reasonable prospects of success.

He said Wontumi needed temporary freedom to assist his lawyers in preparing and pursuing the appeal. Counsel also argued that his client was not a flight risk, citing his compliance with bail conditions before his conviction and noting that his passport remained in the custody of the Economic and Organised Crime Office (EOCO).

The defence further challenged aspects of the trial court’s interpretation of the Minerals and Mining Act and the treatment of evidence presented during the proceedings.

Mr Atta Akyea maintained that the appeal raised substantive issues that warranted consideration and should be taken into account when determining the bail application.

State Opposes Release

The prosecution, however, urged the court to reject the application, arguing that Wontumi had failed to demonstrate the exceptional circumstances required to justify bail pending appeal.

Dr Justice Srem-Sai contended that the grounds presented by the defence did not establish sufficient prospects of success to warrant the applicant’s release while his conviction and sentence remained in force.

He also raised concerns about the possibility of Wontumi absconding if granted bail, pointing to two other criminal cases he is facing and the possibility of additional prison sentences.

The Deputy Attorney-General argued that these circumstances weighed against granting the application.

Background to the Case

Wontumi was convicted and sentenced to 20 years’ imprisonment in connection with illegal mining-related offences involving his Samreboi concession. He has challenged both his conviction and sentence and is seeking bail while the appeal process continues.

The trial judge, Justice Audrey Kocuvie-Tay, subsequently adjourned the bail proceedings to November 4, when the court is expected to determine whether he should be released pending the outcome of his appeal.

The ruling will decide whether Wontumi remains in custody while his appeal proceeds or is granted temporary release subject to any conditions the court may impose.

Photo courtesy: Mr. Bernard Antwi-Boasiako