Lead Counsel for the Minority Caucus and Member of Parliament for Suame, John Darko, has criticised the High Court’s conviction of Bernard Antwi Boasiako, popularly known as Chairman Wontumi, arguing that the judgment was based on an erroneous interpretation of Ghana’s mining laws.
Speaking on Channel One TV, Mr Darko maintained that the prosecution failed to prove that the former New Patriotic Party (NPP) Ashanti Regional Chairman had unlawfully transferred his mining concession to individuals engaged in illegal mining activities.
According to him, although other persons were alleged to have conducted illegal mining operations on the concession, the evidence presented during the trial did not sufficiently establish Chairman Wontumi’s criminal liability for those actions.
Mr Darko also challenged the court’s interpretation of the Minerals and Mining Act, 2006 (Act 703), arguing that the legislation does not criminalise the transfer of an interest in a mining concession without the approval of the Minister responsible for Lands and Natural Resources.
“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,” he said.
The Suame MP contended that, at most, such a transaction would be rendered legally invalid rather than constituting a criminal offence.
He expressed confidence that the conviction could be overturned on appeal, describing the trial court’s interpretation of the law as flawed.
“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,” he added.
Mr Darko’s comments come after the Accra High Court convicted Chairman Wontumi and Akonta Mining Limited of unlawfully assigning mineral rights without the approval of the Minister responsible for Lands and Natural Resources and facilitating illegal mining activities on the company’s concession at Samreboi in the Western Region.
The court sentenced Chairman Wontumi to 20 years’ imprisonment on two counts, with the sentences to run concurrently. Akonta Mining Limited was also fined 15,000 penalty units on each count.
The ruling has prompted mixed reactions, with legal and political figures offering differing interpretations of the judgment as Chairman Wontumi’s legal team prepares to challenge the conviction at the Court of Appeal.
