The Criminal Division 4 of the High Court in Accra has convicted the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, and sentenced him to a total of 40 years’ imprisonment with hard labour after finding him guilty of offences under the Minerals and Mining Act arising from illegal mining activities at Samreboi.
The court, presided over by Her Ladyship, Justice Audrey Kocuvie-Tay, also convicted Akonta Mining Limited, the third accused in the case, while the second accused remains at large.
Before delivering judgment on Monday, the court dismissed an application by Wontumi’s legal team, seeking to defer the judgment and refer constitutional issues to the Supreme Court.
Counsel holding brief for lead lawyer Samuel Atta Akyea informed the court that the substantive counsel was outside Ghana and requested an adjournment until after July 22, 2026 to enable him to move the application.
However, Justice Kocuvie-Tay refused the request, stating that the judgment date had been fixed with the consent of all parties and that adjournments were subject to the court’s discretion, not the convenience of counsel.
The judge further ruled that the application for constitutional interpretation lacked merit, holding that it raised no genuine constitutional issue requiring referral to the Supreme Court.
In her judgment, Justice Kocuvie-Tay recounted that the accused were arraigned on October 7, 2025.
While the second accused has remained at large, Wontumi pleaded not guilty on his own behalf and on behalf of Akonta Mining.
The prosecution called four witnesses before closing its case, while Wontumi testified in his defence and called three witnesses.
The court found beyond reasonable doubt that Wontumi, as the controlling mind and Director of Akonta Mining, permitted persons to undertake mining and reclamation activities on the company’s concession without the written approval of the Minister responsible for Lands and Natural Resources, contrary to the Minerals and Mining Act.
Justice Kocuvie-Tay held that both Wontumi and Akonta Mining admitted they had not obtained ministerial approval before allowing others onto the concession.
She rejected Wontumi’s claim that he had only allowed one of the prosecution witnesses onto the concession for land reclamation, finding instead that the evidence showed the individual engaged in mining activities to finance the reclamation work.
The judge said the agreement between the parties was unwritten, compelling the court to rely on circumstantial evidence, which she described as pointing irresistibly to illegal mining rather than genuine reclamation.
According to the court, the prosecution established that Wontumi facilitated the activities of an unlicensed miner and failed to verify the competence of the individual undertaking reclamation works.
Justice Kocuvie-Tay further held that although Akonta Mining was a separate legal entity, the circumstances justified lifting the corporate veil because Wontumi exercised complete control over the company.
“There is no difference between the first accused and the third accused in their dealings,” the court observed, adding that all transactions concerning the concession were handled personally by Wontumi, without evidence of proper corporate governance.
The court consequently convicted Wontumi on charges including assignment of mineral rights without ministerial approval and purposely facilitating unlawful mining operations, while Akonta Mining was also found guilty on the corresponding counts.
During mitigation, defence counsel pleaded with the court to impose the minimum sentence, arguing that Wontumi was a first-time offender, had cooperated throughout the trial and was the breadwinner of his family.
Counsel further submitted that Wontumi had previously written to the Western Regional Coordinating Council to report illegal mining activities on the concession and urged the court to temper justice with mercy.
Two lawyers appearing as friends of the court also appealed for leniency, describing Wontumi as a major businessman whose investments in real estate, media and other sectors employ thousands of Ghanaians.
The prosecution, led by Deputy Attorney-General, Dr Justice Srem-Sai, however, urged the court to consider the gravity of the offences and the environmental destruction caused by illegal mining.
In sentencing, Justice Kocuvie-Tay acknowledged that the accused were first offenders, but stressed the need for deterrent punishment to combat the country’s illegal mining menace.
On Count One, Wontumi was sentenced to 20 years’ imprisonment with hard labour and fined 10,000 penalty units.
On Count Four, he was sentenced to a further 20 years’ imprisonment with hard labour and fined 10,000 penalty units, with a default custodial sentence in the event of non-payment.
Akonta Mining was also fined 15,000 penalty units on each of two counts. The court ordered that Wontumi’s custodial sentences run concurrently for which he will serve 20 twenty years imprisonment.
Justice Kocuvie-Tay further directed that all equipment and items recovered from Akonta Mining’s concession be confiscated to the State, in accordance with the Minerals and Mining Act.
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