The High Court in Accra has sentenced Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years’ imprisonment after finding him guilty on two counts in the Akonta Mining illegal mining case.
Justice Audrey Kocuvie-Tay ordered that the two 20-year sentences run concurrently, meaning Wontumi will serve a maximum of 20 years in prison. The court also fined him 10,000 penalty units on each count.
Akonta Mining Limited, which was also standing trial, was convicted on two counts and fined 15,000 penalty units for each offence.
In her judgment, Justice Kocuvie-Tay said the prosecution had proved its case beyond reasonable doubt. Wontumi was convicted on Counts One and Four, while Akonta Mining Limited was found guilty on Counts Three and Six.
Before the judgment was delivered, the court dismissed a last-minute application by the defence seeking to suspend proceedings and refer constitutional issues raised in the case to the Supreme Court.
The defence argued that certain provisions of the Minerals and Mining Act required constitutional interpretation. However, the judge ruled that Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), was clear and did not conflict with Article 19(11) of the 1992 Constitution.
Quoting the Supreme Court’s decision in R v. Mainkankan, Justice Kocuvie-Tay said constitutional referrals are only necessary where there is genuine uncertainty in the law.
“The issue raised by counsel is that Parliament ought to have legislated differently. That is not a matter for constitutional interpretation,” she said.
On the charges relating to the unlawful assignment of mineral rights without ministerial approval, the court found that the prosecution had established all the elements of the offences.
The judge noted that evidence from the Minerals Commission explained the legal approval process and that the accused persons themselves admitted no approval had been obtained from the Minister responsible for Lands and Natural Resources.
The court also rejected the defence’s argument that Henry Okum had only been authorised to reclaim degraded portions of the mining concession.
Justice Kocuvie-Tay held that the evidence showed Okum was engaged in mining activities. Okum testified that he was a small-scale miner who had not been paid to undertake reclamation but was instead allowed to mine parts of the concession and use the proceeds to fund reclamation works. The court noted that this evidence was not challenged during cross-examination.
The judge also dismissed Wontumi’s claim that Okum would recover his investment through future coconut farming, describing the explanation as “an afterthought.”
The judgment brings to a close one of the country’s most closely watched illegal mining prosecutions, with both Wontumi and Akonta Mining Limited found guilty of offences relating to the unlawful assignment of mineral rights.
Reported by
Obed Yaw Agyei