The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, was on Monday sentenced to 20 years’ imprisonment with hard labour by the Accra High Court (Criminal Division 4) for facilitating illegal mining on Akonta Mining’s concession at Samreboi in the Western Region.
The court found Antwi-Boasiako guilty on all six counts, including the assignment of mineral rights without ministerial approval and purposely facilitating an unlicensed mining operation.
Delivering judgment, the presiding judge, Justice Audrey Kocuvie-Tay, held that the prosecution had proved its case beyond reasonable doubt that Antwi-Boasiako and Akonta Mining permitted Henry Okoom and Michael Gyedu Ayisi to undertake mining activities on the company’s concession without obtaining the prior approval of the Minister of Lands and Natural Resources, thereby facilitating illegal mining on the concession.
Although Antwi-Boasiako pleaded not guilty to all the charges, Justice Kocuvie-Tay held that the Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai, had adduced sufficient evidence to establish the guilt of both Antwi-Boasiako and Akonta Mining.
In addition to the custodial sentence, the court imposed a fine of GH¢120,000 on Antwi-Boasiako and GH¢180,000 on Akonta Mining.
Justice Kocuvie-Tay said the defence never contested the absence of ministerial approval, describing the omission as an implicit admission since no application for such approval had been made by the company.
The 49-year-old NPP regional chairman shook his head in disbelief as the judge pronounced him guilty on each count. Dressed in a yellow kaftan and black shoes, he remained calm throughout the proceedings.
His lead counsel, Mr Samuel Atta Akyea, was absent when the sentence was handed down. However, lawyers present in court appealed to the judge to temper justice with mercy before sentencing.
On July 16, Mr Atta Akyea filed a motion asking the High Court to refer provisions of the Minerals and Mining Act, 2006 (Act 703), to the Supreme Court for constitutional interpretation.
He argued that upon a true and proper interpretation of Article 19(11) of the 1992 Constitution, Section 14 (1) of Act 703—one of the provisions underpinning the charges against his client—was vague, overbroad and inconsistent with the constitution, and therefore unconstitutional, null and void.
He further prayed the court to acquit and discharge his client if it declined to refer the matter to the Supreme Court.
The Office of the Attorney-General charged three persons in the case—Antwi-Boasiako, a shareholder of Akonta Mining, and Kwame Antwi, a director of the company.
Kwame Antwi, who faces two counts of assigning mineral rights without approval and purposely facilitating an unlicensed mining operation, is currently on the run.
The prosecution called four witnesses in support of its case against Antwi-Boasiako and Akonta Mining.
One of the witnesses, Mr Henry Okoom, a small-scale miner, told the court that he had a verbal agreement with Antwi-Boasiako to mine on the Samreboi concession.
The court subsequently ruled that the prosecution had established a prima facie case, dismissed the defence’s submission of no case to answer and ordered Antwi-Boasiako to open his defence.
Meanwhile, the New Patriotic Party (NPP) has rejected the conviction and 20-year prison sentence handed to its Ashanti Regional Chairman, describing the judegment as a miscarriage of justice.
Addressing a press conference at the party’s headquarters in Accra yesterday, the NPP said the decision of the High Court was fundamentally flawed and politically motivated.
The party maintained that Chairman Wontumi was a “political prisoner” and alleged that the case formed part of a broader campaign by the National Democratic Congress (NDC) government to persecute political opponents.
According to the NPP, Mr Antwi Boasiako had lawfully acquired his mineral concession and complied with the laws governing the mining sector.
It argued that the prosecution failed to produce credible evidence to prove that he had illegally assigned or transferred mineral rights — the basis of the charges against him.
The party further stated that the court’s decision ignored key facts presented during the trial and did not reflect the evidence placed before it.
The NPP also accused the government of applying justice selectively, alleging that while members of the opposition were being aggressively prosecuted, individuals linked to the ruling party and involved in illegal mining, popularly known as galamsey, were not being held accountable.
It said such actions undermined public confidence in the justice system and weakened efforts to combat illegal mining.
The party further accused the government of using state institutions to intimidate political opponents instead of allowing the law to take its independent course.
It stressed that the fight against illegal mining must be conducted fairly and without political interference.
The NPP said no Ghanaian should be targeted because of political affiliation and called on the government to ensure equal treatment before the law.
It assured its members and supporters of its commitment to defending Chairman Wontumi through all lawful means.
The party announced that its legal team had begun preparations to challenge the High Court’s ruling at the Court of Appeal.
According to the NPP, it was confident that the appellate court would review the evidence thoroughly and overturn what it described as an unjust conviction.
It urged its supporters to remain calm and peaceful while the legal process continued.
The party also appealed to the judiciary to uphold fairness, impartiality and the rule of law in determining the appeal.
While reaffirming its confidence in the country’s democratic institutions, the NPP stressed that those institutions must remain independent and free from political influence.
It reiterated that justice must be administered without fear or favour and expressed optimism that Chairman Wontumi would be vindicated through the appellate process.
The press conference was attended by party executives, Members of Parliament, supporters and sympathisers, who expressed solidarity with the Ashanti Regional Chairman and pledged their support as the legal process moves to the next stage.
BY MALIK SULLEMANA AND ENOCH NTIAMOAH SIAW
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