The High Court in Accra has sentenced Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years’ imprisonment with hard labour following his conviction in the Akonta Mining case.
The sentences imposed on Wontumi for the two offences are to run concurrently, meaning he will serve a 20-year prison term. The court also imposed fines of 10,000 penalty units for each offence.
Akonta Mining Limited, which was also convicted in the case, was fined 15,000 penalty units for each of the two offences for which it was found guilty.
Justice Audrey Kocuvie-Tay delivered the judgment after finding that the prosecution had established beyond reasonable doubt that mining rights held by Akonta Mining were unlawfully assigned without the required approval and that unauthorised mining activities were facilitated on the company’s concession.
The case centred on mining operations involving Henry Okum, whom Wontumi maintained had been engaged to undertake reclamation work and establish a coconut plantation on degraded portions of the concession.
The court, however, rejected that explanation after assessing evidence that Mr Okum, a small-scale miner, had been permitted to undertake mining activities on parts of the concession and use proceeds to finance reclamation work.
According to the court, the requirement for ministerial approval before dealing with mineral rights was not in dispute, with evidence establishing that no such approval had been secured.
“The allegation was never contested. The accused admitted that no ministerial approval was received,” Justice Kocuvie-Tay said.
The court also found Wontumi personally liable after determining that he exercised effective control over Akonta Mining’s operations. Although the company existed as a separate legal entity, the judge concluded that the circumstances justified lifting the corporate veil.
Evidence before the court further established that Mr Okum was granted access to the concession to undertake operations without the necessary approvals. The court also considered evidence that Wontumi introduced him to an individual who assisted in acquiring an excavator.
Wontumi’s explanation that Mr Okum was expected to recover his investment through future coconut farming was rejected by the court as “an afterthought.”
Before the judgment was delivered, Wontumi’s lawyers made a last-minute attempt to have proceedings halted and constitutional questions referred to the Supreme Court.
The defence argued that issues raised in its written submissions required interpretation by the apex court. Justice Kocuvie-Tay, however, dismissed the application, ruling that the relevant provision of the Minerals and Mining Act was clear and did not conflict with the 1992 Constitution.
“The issue raised by counsel is that Parliament ought to have legislated differently. That is not a matter for constitutional interpretation,” the court held.
The ruling brings to a close the trial at the High Court, with Wontumi convicted for the unauthorised dealing in mineral rights and facilitating unlawful mining activities, while Akonta Mining Limited was also convicted and fined for its role in the operations.
The offences were prosecuted under the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2020 (Act 995).
