Accra: Lawyer and activist, Oliver Barker-Vormawor, has provided an explanation of the legal concept 'submission of no case' in light of the recent legal proceedings involving Bernard Antwi Boasiako, known as Chairman Wontumi, the Ashanti Regional Chairman for the New Patriotic Party (NPP). Lawyers for Chairman Wontumi have filed this legal motion, prompting Barker-Vormawor to elucidate its significance.
According to Ghana Web, the explanation came via a Facebook post on February 5, 2026, where Barker-Vormawor addressed numerous inquiries regarding the process. He remarked on the widespread confusion about the procedure, highlighting the legal community's tendency to use jargon that may not be accessible to the general public.
In his post, Barker-Vormawor outlined that under Ghana's criminal justice system, an accused person is considered innocent until proven guilty beyond reasonable doubt. He further explained that for each criminal offence, specific elements or 'ingredients of the crime' must be established by the prosecution.
Barker-Vormawor detailed that once the prosecution concludes its case by calling all witnesses, the defence has the option to file a 'submission of no case' before presenting its own case. This legal motion argues that the prosecution has not sufficiently proven one or more elements of the crime.
In illustrating the concept, Barker-Vormawor shared an example where an accused spent seven years in prison, although the alleged victim had died from pneumonia unrelated to the accused's actions. He related this to Chairman Wontumi's case, suggesting the defence might argue that no illegal mining occurred or that the prosecution failed to link Wontumi to any illegal activity.
He emphasized that the submission of no case is a crucial stage to determine if the prosecution has established a prima facie case requiring a response from the accused.