The Accra High Court has convicted Bernard Antwi-Boasiako, widely known as Chairman Wontumi, and Akonta Mining Company Limited for illegal mining operations. Lands and Mines Watch Ghana (LMWG) has praised this judgment as a significant moment in Ghana's ongoing battle against illegal mining, locally termed 'galamsey'. The ruling, delivered by Justice Audrey Kocuvie-Tay, underscores the principle that Ghana's mining laws apply universally.
The case centered on allegations that Wontumi and Akonta Mining allowed mining on the company's Samreboi concession without the required approval from the Minister responsible for mining. This action violated the Minerals and Mining Act, 2006 (Act 703). LMWG highlighted that Wontumi was convicted on Counts One and Four, while Akonta Mining faced conviction on Counts Three and Six. These convictions were for unlawfully assigning mineral rights and facilitating unlicensed mining activities.
This verdict is a crucial development in Ghana's economic landscape, particularly concerning the mining sector and environmental protection. Illegal mining has caused extensive damage to Ghana's rivers, farmlands, and communities, impacting agricultural output and water quality. The government has intensified efforts to curb 'galamsey' due to its severe environmental and economic consequences. This ruling signals a stronger commitment to enforcing mining regulations and protecting natural resources.
LMWG stated that the court's decision to lift the corporate veil is a significant precedent. This action means the court disregarded the company's separate legal identity to hold Wontumi personally responsible. The organization fully endorses this, noting it closes a route often used by illegal miners to hide behind corporate structures. LMWG believes this will make it harder for individuals to escape accountability for environmental damage.
The court also dismissed a last-minute defense application seeking to refer Sections 14(1) and 99(2)(b) of the Minerals and Mining Act to the Supreme Court for constitutional interpretation. The court found Section 99(2)(b) to be clear and not in conflict with Article 19(11) of the 1992 Constitution. LMWG emphasized that delayed justice in 'galamsey' cases denies justice to the communities and ecosystems harmed by illegal mining.
This ruling carries significant implications for the mining sector and corporate governance in Ghana. It sends a clear message that political office, financial influence, or corporate structures will not shield individuals or companies breaching mining laws. LMWG warned that anyone assigning mineral rights, permitting third-party mining, or operating without ministerial approval faces criminal exposure, including potential custodial sentences of up to 25 years.
The organization urged mining operators to immediately regularize any unauthorized mining arrangements. It also cautioned against relying on corporate entities to avoid personal liability. LMWG encouraged full cooperation with regulators and prosecutors. Furthermore, the group called on the Attorney-General's Department and the Minerals Commission to pursue all pending illegal mining prosecutions with diligence, ensuring impartial and consistent law enforcement. This judgment is expected to foster greater accountability and transparency in Ghana's vital mining industry.