Bernard Antwi Boasiako, the New Patriotic Party (NPP) Ashanti Regional Chairman, has been sentenced to 20 years in prison for illegal mining offences. This conviction, handed down by the High Court in Accra, stems from his involvement in the Samreboi mining concession case.
Private legal practitioner Martin Kpebu stated that the weakness of Mr. Boasiako's own defence, rather than any legal technicality, led to his conviction. Speaking on Joy News’ PM Express, Mr. Kpebu described Mr. Boasiako's explanation that he only authorized reclamation work on the concession as a “cock-and-bull story” that did not stand up against the evidence presented in court. The court found Mr. Boasiako, also known as Chairman Wontumi, guilty of illegal mining activities.
This high-profile conviction signals a significant development in Ghana's ongoing fight against illegal mining, locally known as 'galamsey'. The government has intensified its efforts to curb this destructive practice, which has severely damaged Ghana's environment and water bodies. The sentencing of a prominent political figure like Mr. Boasiako demonstrates a growing commitment to enforcing mining laws, irrespective of an individual's status. This case could set a precedent for future prosecutions and reinforce the rule of law in the mining sector.
Mr. Kpebu emphasized that Akonta Mining, the company linked to Mr. Boasiako, had been granted the concession, making him responsible for activities there. He stated, “The key thing is, as they mine, Akonta Mining is the company that has been given authority, and Wontumi is the directing mind of the company.” Mr. Kpebu further argued that Mr. Boasiako had admitted to allowing another individual, Henry Okum, to operate on the concession without the required ministerial approval. This admission, according to Mr. Kpebu, effectively “nailed himself” by confirming a breach of regulations.
The legal expert rejected suggestions that the absence of written permission weakened the prosecution’s case. He highlighted that oral agreements are legally binding, drawing on principles of property law. Mr. Kpebu explained, “Generally, there’s this popular saying in property law class that an agreement for a lease, an agreement orally, is as good as a written one.” He dismissed the defence's argument that a lack of written authorization negated responsibility as “farcical.”
Mr. Kpebu also dismissed claims that evidence of reclamation contradicted the prosecution’s case. He noted that Henry Okum, the individual operating on the concession, testified that Mr. Boasiako gave him permission to mine for gold and use part of the proceeds for reclamation. Mr. Kpebu confirmed that the trial judge found Henry Okum to be a credible witness. He added that Mr. Boasiako’s own account, claiming he only asked Henry to do reclamation without payment, was implausible given the high cost of reclamation. The defence's assertion that future coconut farming profits would cover reclamation costs further weakened their case, according to Mr. Kpebu, who called it a “cock and bull story” that “didn’t jive.”
This conviction sends a strong message to other individuals involved in illegal mining activities across Ghana. It underscores the judiciary's resolve to hold accountable those who flout environmental and mining regulations. The outcome will likely be closely watched by environmental activists, local communities affected by galamsey, and investors in Ghana's mining sector. It could lead to increased scrutiny of mining concessions and greater enforcement of environmental protection laws, potentially impacting the operational landscape for mining companies in the country.