Bernard Antwi Boasiako, widely known as Chairman Wontumi, and Akonta Mining Company Limited have formally appealed their conviction in the high-profile Samreboi illegal mining case. They are asking the Court of Appeal to overturn the entire judgment delivered by the Accra High Court on July 20, 2026.
This appeal follows their conviction by the Accra High Court (Criminal Division 4), presided over by Justice Audrey Kocuvie-Tay. The case has attracted significant public attention because it involves allegations of illegal mining activities linked to Akonta Mining Company Limited, a firm associated with the Ashanti Regional Chairman of the New Patriotic Party (NPP).
The legal challenge highlights ongoing concerns about illegal mining, known locally as 'galamsey', and its impact on Ghana's environment and economy. The government has intensified efforts to combat galamsey, which contaminates water bodies and degrades land, affecting agricultural productivity and public health. This case underscores the high stakes involved in enforcing mining regulations and holding influential individuals accountable.
In their Notice of Appeal, the 1st and 3rd accused persons expressed dissatisfaction with the High Court’s decision. They are seeking to have the judgment set aside, challenging the “entire judgment of the Court.” Their grounds of appeal include arguments that the convictions “are unreasonable and cannot be supported having regard to the evidence adduced at the trial.”
The appellants also contend that the trial judge failed to properly interpret the Minerals and Mining Act, 2006 (Act 703), as amended. Specifically, they argue that “The learned trial judge did not read the Minerals and Mining Act, 2006 (Act 703), as amended, as a whole. The combined effect of sections 13(8) and 46 of the said Act is exculpatory of the 1st and 3rd Appellants and consistent with their innocence.” This suggests a fundamental disagreement over the legal framework applied to the case.
Furthermore, the appellants argue that the trial judge exceeded the court’s jurisdiction by interpreting constitutional provisions that they believe fall exclusively within the remit of the Supreme Court. They state, “The learned trial Judge usurped the jurisdiction of the Supreme Court in flagrant contravention of Article 130(1)(a) and (2) of the Constitution 1992 in interpreting Article 19(11) of the Constitution set against sections 14(1), 59, 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining Act, 2019 (Act 995), as clear, when both parties have rival meanings on the words ‘unless the offence is defined … in a written law’.” This jurisdictional argument could have significant implications for future legal proceedings involving constitutional interpretation.
The Court of Appeal is expected to fix a date to hear the appeal. This hearing will determine whether Chairman Wontumi and Akonta Mining Company Limited can overturn the High Court’s decision. The outcome will be closely watched by legal experts, environmental activists, and the public, as it could set precedents for how illegal mining cases are prosecuted and how legal interpretations are applied in Ghana's judicial system. The case also highlights the ongoing tension between economic development and environmental protection, a critical balance for Ghana's long-term sustainability.