Tano Nnimire case: Defence to use investigator as star witness

In a significant development in Ghana's high-profile Tano Nnimire illegal mining case, defence counsel for Bernard Antwi Boasiako, popularly known as Wontumi, has announced an intention to treat Detective Chief Inspector Eugene Akpoh Glover, the lead investigator and a prosecution witness, as a “star witness.” This unconventional strategic move aims to leverage the investigator's testimony, potentially exploiting nuances or perceived inconsistencies in his findings to bolster the defence's narrative. The decision follows the prosecution's withdrawal of two witnesses, setting the stage for a compelling examination of adversarial trial tactics and the role of investigative evidence in Ghanaian criminal jurisprudence.

The ongoing trial of Bernard Antwi Boasiako, widely known as Wontumi, and Akonta Mining Company Limited, concerning alleged illegal mining activities in the Tano Nnimire Forest Reserve, has taken a remarkable turn. Defence counsel recently informed an Accra High Court of its intention to designate Detective Chief Inspector Eugene Akpoh Glover, the very officer who led the investigation and is a key prosecution witness, as a “star witness” for the defence.

This strategic declaration is highly unusual in adversarial criminal proceedings, where parties typically present witnesses who unequivocally support their respective cases. The move, coming after the prosecution withdrew two of its scheduled witnesses, underscores a bold and potentially game-changing approach to defence strategy. This article will explore the legal and practical implications of this unconventional tactic within the framework of Ghanaian criminal procedure and evidence law, examining how it might reshape the dynamics of the trial and influence future defence practices.

Bernard Antwi Boasiako and Akonta Mining Company Limited face serious charges, including undertaking mining operations without a licence, felling approximately 300 commercial trees in the Tano Nnimire Forest Reserve, and constructing buildings within the reserve without the requisite authorisation from the Forestry Commission. These charges fall under Ghana's robust legal framework designed to protect natural resources, including the Forest Protection Act, 1974 (NRCD 243) and the Criminal Offences Act, 1960 (Act 29). The case has garnered significant public attention due to its focus on illegal mining, locally known as 'galamsey', and the prominence of the accused.

Ghanaian criminal procedure is primarily governed by the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), while the admissibility and weight of evidence are regulated by the Evidence Act, 1975 (NRCD 323). Under these statutes, every person is generally competent to be a witness unless specifically disqualified, for instance, by an inability to coherently express themselves or understand the duty to tell the truth. A fundamental principle is that witnesses must testify to matters of which they have personal knowledge, though this can be waived if no objection is raised. Crucially, Article 19(2)(e) and (g) of the 1992 Constitution guarantees an accused person the right to adequate time and facilities for the preparation of their defence, including the right to examine prosecution witnesses and to obtain the attendance and examination of witnesses on the same conditions as those applicable to the prosecution. This constitutional underpinning provides the basis for the defence to call any witness, including those initially aligned with the prosecution, if their testimony is deemed relevant to their case.

The defence's decision to treat Detective Chief Inspector Eugene Akpoh Glover as a “star witness” represents a sophisticated and high-stakes strategic manoeuvre. Typically, a 'star witness' is understood to be a key individual whose testimony is expected to be overwhelmingly favourable and pivotal to a party's case. For the defence to bestow this informal title upon a lead investigator, who has already presented evidence for the prosecution, signals a calculated attempt to turn the prosecution's own evidence against it or to extract exculpatory details.

One primary strategic advantage for the defence lies in leveraging the investigator's official capacity. As the lead investigator, Detective Chief Inspector Glover's testimony carries inherent weight and credibility. By calling him, the defence aims to present evidence through a seemingly impartial source, potentially enhancing its persuasive power. During his cross-examination by the defence, Detective Chief Inspector Glover acknowledged that there was no direct evidence placing Bernard Antwi Boasiako at the Tano Nnimire Forest Reserve, and that investigations indicated Boasiako had not personally been there. This admission, despite the investigator's overall conclusion that Wontumi directed mining activities, creates a crucial opening for the defence to argue a lack of direct involvement by the accused, thereby casting reasonable doubt on the prosecution's case. The defence could also use the investigator to highlight any perceived inconsistencies in the investigative process or the evidence gathered, particularly in light of the prosecution's withdrawal of two other witnesses.

However, this strategy is not without its challenges. Detective Chief Inspector Glover, having led the investigation, has already testified for the prosecution, maintaining that his averments were factual and that police investigations indicated illegal mining by Akonta Mining. He also stated that his investigation revealed Chairman Wontumi directed the mining activities. The defence, by calling him, risks having his testimony reinforce aspects of the prosecution's case, particularly if he remains steadfast in his findings. The Evidence Act, 1975 (NRCD 323), allows for cross-examination, but the defence would need to carefully navigate the examination to elicit favourable information without appearing to attack their own witness or inadvertently strengthening the prosecution's narrative. The court, under Section 68 of NRCD 323, retains the power to call and examine witnesses, and will closely monitor the examination to ensure fairness and adherence to evidentiary rules, especially concerning leading questions or attempts to impeach a party's own witness without proper foundation.

The defence's decision to treat Detective Chief Inspector Eugene Akpoh Glover as a “star witness” in the Tano Nnimire illegal mining case marks a pivotal moment in the trial. This bold strategy underscores the dynamic and often unpredictable nature of adversarial litigation, particularly in complex criminal matters. It highlights a sophisticated attempt to reframe the narrative by using a prosecution-aligned figure to potentially introduce exculpatory elements or cast doubt on the state’s case.

For legal practitioners in Ghana, this development offers valuable insights into innovative defence tactics and the flexible application of evidentiary rules. It emphasizes the critical importance of thorough pre-trial investigation and the ability to identify and exploit even subtle weaknesses or ambiguities in the opposing party’s evidence. As the trial progresses, all eyes will be on how the High Court manages this unique witness examination and the ultimate impact it has on the verdict. This case could set an important precedent for how defence teams strategically engage with state investigators, potentially influencing future approaches to criminal defence in Ghana.