The Lead Counsel for the Minority Caucus, John Darko, has strongly criticized the High Court's conviction of Bernard Antwi Boasiako, popularly known as Chairman Wontumi. Mr. Darko described the ruling as a significant misapplication of the law. This conviction saw the former Ashanti Regional Chairman of the New Patriotic Party (NPP) sentenced to 20 years' imprisonment for illegal mining-related offenses.
Mr. Darko argued that the prosecution failed to establish a crucial link. He stated that Chairman Wontumi had not transferred his mining concession to individuals engaged in illegal mining. The Member of Parliament for Suame maintained that while others allegedly conducted unlawful mining activities on the concession, they were not the ones prosecuted. He insisted there was insufficient evidence directly linking Wontumi to the offenses for which he received his conviction.
This legal challenge fits into a broader national conversation about illegal mining, known as 'galamsey,' and the government's efforts to combat it. The Minerals and Mining Act, 2006 (Act 703), is central to these efforts. High-profile convictions like Wontumi's are often seen as benchmarks for the judiciary's commitment to enforcing environmental laws. The case highlights the complexities of prosecuting mining offenses and the legal interpretations involved.
The lawmaker further contended that the court misinterpreted specific provisions of the Minerals and Mining Act, 2006 (Act 703). He argued that the legislation does not make the transfer of an interest in a mining concession without ministerial approval a criminal offense. According to Mr. Darko, the law merely renders such a transfer invalid rather than criminalizing the act itself. He stated, "If you look at Act 703, it says you cannot transfer an interest in a concession without ministerial approval. That means it doesn't criminalise transferring of his interest without ministerial approval. In fact, at best what it does is that, it makes the transfer void. The law does not criminalise the transfer."
The High Court in Accra convicted Chairman Wontumi and Akonta Mining Limited over illegal mining-related offenses. They were found guilty of unlawfully assigning mineral rights without approval from the Minister responsible for Lands and Natural Resources. They were also found guilty of facilitating illegal mining activities on the company's Samreboi concession in the Western Region. Chairman Wontumi received a 20-year imprisonment sentence on two counts, to run concurrently. Akonta Mining Limited was fined 15,000 penalty units on each count, reflecting the severity of the corporate involvement.
Mr. Darko believes the judgment contains an error of law. He added, "I think that the judgment is in error of law and I believe that even if it is not quashed, it can be overturned when appealed because the judge, in my view, got it wrong." This suggests a strong likelihood of an appeal, which could significantly impact the precedent set by this ruling. The outcome of any appeal will be closely watched by legal experts, environmental activists, and the mining sector. It could influence future prosecutions and the interpretation of Ghana's mining laws, potentially affecting the fight against illegal mining across the country.