Defense Witness, Ing. Gomashie Weakens AG’s Charges Against Wontumi

Chairman Wontumi’s defence in the ongoing Samreboi concession case received support on Thursday, May 14, 2026, when the first defence witness told the court that mineral rights in Ghana cannot be transferred through verbal agreements.

The witness, Wisdom Edem Gomashie, a mining engineer appearing as an expert for Chairman Wontumi and the other accused persons, explained that Ghana’s mining laws require strict legal procedures before any mineral rights can be assigned.

Referring to the Minerals and Mining Act, 2006 (Act 703) and the Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176), Gomashie said his review of the case documents showed that verbal discussions alone could not legally constitute the transfer of mineral rights.

According to him, the assignment of mineral rights is a formal legal process that must follow statutory procedures, including approval from the sector minister responsible for mining.

Chairman Wontumi and his company are currently standing trial on six charges linked to claims that they allowed Henry Okum and Michael Gyedu Ayisi to conduct mining activities on the company’s concession without obtaining the required ministerial consent. The prosecution also alleges that the accused facilitated illegal mining operations.

All accused persons have denied the allegations and remain on bail while the case continues.

Lawyer Andy Appiah-Kubi, who leads the defence team, argued before the court that permitting individuals to work on a concession does not automatically amount to assigning mineral rights, especially in the absence of a written agreement.

The prosecution disagreed with that interpretation, arguing that a transfer remains valid even if it is not documented in writing. Prosecutors contend that once a concession holder allows another party to exploit minerals on the land, an effective transfer of rights has taken place.

During cross-examination, Deputy Attorney-General Dr Justice Srem-Sai questioned the legal basis of Gomashie’s expert opinion and suggested that his interpretation of the law was flawed.

However, the witness defended his position, insisting that his conclusions were consistent with Ghana’s mining regulations and licensing framework.

Gomashie further explained that mining lease holders frequently hire contractors or service providers to carry out certain operations, but such working arrangements should not automatically be interpreted as the assignment of mineral rights.

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