The Accra High Court has sentenced the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, to 20 years’ imprisonment after finding him guilty on multiple illegal mining-related offences connected to the Samreboi mining concession in the Western Region.
The judgement, delivered on Monday July 20, by Justice Audrey Kocuvie-Tay, concluded a high-profile trial involving Chairman Wontumi and his company, Akonta Mining Limited.
The court found both the businessman and the company guilty on six charges relating to the unlawful assignment of mineral rights without the required approval from the Minister for Lands and Natural Resources and facilitating unlicensed mining activities.
In addition to the custodial sentence, the court imposed a fine of GH¢120,000 on Chairman Wontumi. Failure to pay the fine will result in an additional three-year prison term. Akonta Mining Limited was also fined GH¢180,000 on two counts.
Court’s findings
According to the court, the prosecution successfully established that Chairman Wontumi and Akonta Mining allowed two individuals, Henry Okoom and Michael Gyedu Ayisi, to carry out mining operations on the company’s concession without first obtaining ministerial approval, contrary to the requirements of Ghana’s mining laws.
Justice Kocuvie-Tay ruled that by permitting the mining activities without the necessary authorisation, the accused facilitated illegal mining operations on the concession.
The court noted that the defence never disputed the prosecution’s assertion that no ministerial approval had been obtained.
It held that the absence of any application seeking such approval amounted to an implicit admission that the legal requirement had not been met.
Defence rejected
During the trial, Chairman Wontumi maintained that he had only authorised Henry Okoom to undertake land reclamation by planting coconut trees and had never granted permission for mining.
He further testified that Okoom had introduced himself as a mine support services provider rather than a small-scale miner and insisted he was unaware of any illegal mining activities.
However, the court rejected this explanation, stating that no evidence had been presented to demonstrate Okoom’s expertise or experience in land reclamation.
The judge also relied on the unchallenged testimony of Henry Okoom, who told the court that he mined sections of the concession that had not previously been worked in order to recover expenses after Chairman Wontumi allegedly failed to provide funds for the agreed reclamation work.
Corporate veil lifted
In a significant aspect of the ruling, the court lifted the corporate veil protecting Akonta Mining Limited, holding that the company and Chairman Wontumi were effectively indistinguishable in the management of the concession.
Relying on established legal principles, including the precedent set in Morkor v. Kuma, the court found that Akonta Mining lacked an effective management or executive board during the period the offences were committed.
Justice Kocuvie-Tay concluded that Chairman Wontumi exercised complete control over the company’s operations and was the “true de facto holder” of the mineral rights.
The court held that all decisions concerning individuals permitted to work on the concession were made solely by Chairman Wontumi, making him personally responsible for the unlawful activities.
Plea for leniency
Before sentencing, several lawyers representing Chairman Wontumi appealed to the court to exercise leniency and impose the minimum punishment allowed by law. The defence argued for mitigation, but the court ultimately imposed the 20-year custodial sentence alongside the financial penalties.
The conviction marks one of the most significant court decisions involving illegal mining in Ghana in recent years, underscoring the judiciary’s growing role in the enforcement of mining regulations and the fight against illegal mining, commonly known as galamsey.
By 1960news.com
