The High Court in Accra has sentenced Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years in prison after convicting him on charges linked to illegal mining activities involving Akonta Mining Limited.
The judgment, delivered on Monday by Justice Audrey Kocuvie-Tay, marks a significant development in Ghana's efforts to enforce mining laws and hold individuals and companies accountable for offences within the sector. Wontumi, who serves as the Ashanti Regional Chairman of the New Patriotic Party (NPP), will serve two 20-year prison terms concurrently. The court also fined him 10,000 penalty units on each count.
Akonta Mining Limited, the company involved in the case, was convicted on two separate charges and fined 15,000 penalty units for each offence.
Court Rejects Defence's Last-Minute Application
Before the court delivered its judgment, the defence sought to halt proceedings by asking that constitutional questions raised during the trial be referred to the Supreme Court.
Justice Kocuvie-Tay dismissed the request, ruling that the relevant provisions of Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), were clear and did not conflict with Article 19(11) of Ghana's 1992 Constitution.
The judge explained that constitutional referrals are only necessary where there is genuine uncertainty in the law, adding that disagreements over how Parliament drafted legislation do not amount to constitutional questions requiring interpretation by the Supreme Court.
Court Finds Illegal Assignment of Mining Rights
A central issue in the case was whether Akonta Mining unlawfully allowed another individual to exercise mining rights without obtaining approval from the Minister responsible for Lands and Natural Resources.
The court found that the prosecution successfully proved that the company permitted Henry Okum to operate on its concession without the legally required ministerial approval.
Evidence presented during the trial showed that the absence of ministerial approval was never disputed. Witnesses from the Minerals Commission outlined the approval process, while the defence acknowledged that no approval had been secured.
Although the defence maintained that Okum had only been engaged to reclaim degraded portions of the concession, the court concluded that the evidence pointed to active mining operations rather than reclamation alone.
According to the judgment, testimony showed that Okum, a small-scale miner, financed reclamation work through proceeds generated from mining activities on the concession. The court ruled that this arrangement amounted to an unlawful dealing in mineral rights under Ghana's mining laws.
Corporate Veil Lifted
Justice Kocuvie-Tay also ruled that the circumstances justified lifting the corporate veil protecting Akonta Mining Limited.
While companies are generally treated as separate legal entities from their shareholders and directors, the court found that Wontumi exercised effective control over the company's mining operations.
The judge noted that the company did not operate through an active board of directors and concluded that Wontumi acted as the de facto controller of the mining lease. As a result, he was held personally responsible for offences committed through the company.
Convicted for Facilitating Unlawful Mining
The court further convicted Wontumi and Akonta Mining for deliberately facilitating unlawful mining activities.
Justice Kocuvie-Tay held that they enabled Henry Okum to carry out mining operations on the concession without the approvals required under the Minerals and Mining Act.
The judgment also referenced evidence that Wontumi introduced Okum to a person who assisted him in acquiring an excavator used during the mining operations. The court said this supported the prosecution's argument that the arrangement extended beyond land reclamation.
Defence Arguments Dismissed
The court rejected several legal arguments raised by the defence throughout the trial.
Among them was the claim that the phrase "otherwise deal with" under the Minerals and Mining Act should be interpreted narrowly alongside terms such as "assign," "transfer," and "mortgage."
Justice Kocuvie-Tay also ruled that the absence of written agreements did not weaken the prosecution's case, explaining that informal arrangements can still constitute criminal offences where the evidence establishes unlawful conduct.
Convictions Delivered Under Tougher Mining Laws
Following the ruling, the court convicted:
- Bernard Antwi Boasiako (Chairman Wontumi) on charges of assigning mineral rights without ministerial approval and purposefully facilitating unlawful mining activities.
- Akonta Mining Limited on charges of assigning mineral rights without ministerial approval and purposefully facilitating unlawful mining activities.
The convictions were secured under the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2020 (Act 995), which introduced stricter penalties for illegal mining-related offences.
Why the Judgment Matters
The ruling is one of the most significant court decisions involving illegal mining in recent years and reinforces the legal obligations governing Ghana's mining industry. It also highlights the judiciary's role in enforcing compliance with mining regulations and ensuring that individuals and companies operating in the sector are held accountable under the law.
As Ghana continues to confront the environmental and economic consequences of illegal mining, the judgment is expected to remain a key reference point in discussions about responsible resource management, corporate accountability, and enforcement of the country's mining laws.
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