The Minority Caucus in Parliament has urged the Attorney-General to make public the government’s record of prosecuting illegal mining cases across all political parties, while asking the Court of Appeal to carefully review what it describes as constitutional and legal shortcomings in the conviction of New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi.
Addressing a press conference in Parliament, the caucus said its concerns were not aimed at undermining the Judiciary or shielding individuals accused of illegal mining. Rather, it said its intervention was intended to ensure that the law is applied fairly, consistently and in line with the Constitution.
While reaffirming its support for efforts to combat illegal mining and protect the environment, the Minority argued that the proceedings leading to Chairman Wontumi’s conviction were affected by four major legal concerns.
The caucus first questioned the delivery of judgment in the absence of Chairman Wontumi’s lead counsel, despite prior notice to the court that the lawyer would be out of the country on professional duties. It maintained that the Constitution guarantees an accused person the right to legal representation of their choice except under exceptional circumstances.
The Minority also criticised the trial court’s decision not to refer constitutional questions arising from the case to the Supreme Court. It argued that Article 130 of the Constitution gives the apex court exclusive authority to interpret constitutional issues and cited previous Supreme Court decisions which, it said, require lower courts to refer such matters when they arise.
Another concern raised was the conviction of Chairman Wontumi alongside Akonta Mining Limited. According to the caucus, the court failed to respect the legal distinction between a company and its shareholder by holding both liable without establishing the legal grounds for lifting the corporate veil. It warned that the decision could have wider implications for corporate governance and business operations in Ghana.
The Minority further alleged selective enforcement of illegal mining laws, claiming that cases involving persons linked to the governing National Democratic Congress (NDC) had not received the same prosecutorial attention as that of Chairman Wontumi, creating the perception of unequal application of justice.
It therefore called on the Attorney-General to publish the State’s prosecution record on illegal mining involving individuals from all political parties to demonstrate fairness and transparency.
The caucus also appealed to the Court of Appeal to examine issues relating to the denial of counsel of choice, the refusal to refer constitutional questions to the Supreme Court, and the legal basis for convicting both Chairman Wontumi and Akonta Mining Limited.
Concluding its address, the Minority said the matter goes beyond the conviction of one individual, arguing that the case represents an important test of constitutional governance, judicial consistency and equal justice under the law. It added that maintaining public confidence in the justice system depends on the impartial application of constitutional principles, regardless of political affiliation.
