Wontumi Jailed 20 Years Over Illegal Mining

The High Court in Accra yesterday sentenced Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years’ imprisonment after finding him guilty of offences linked to illegal mining operations involving Akonta Mining Limited.

Justice Audrey Kocuvie-Tay convicted Wontumi on two counts—unlawfully assigning mineral rights without ministerial approval and purposefully facilitating illegal mining activities—and ordered that the two 20-year prison terms run concurrently.

The court also imposed a fine of 10,000 penalty units on Wontumi for each of the two offences.

Akonta Mining Limited, the company at the centre of the case, was likewise convicted on two counts and fined 15,000 penalty units on each count.

In a detailed judgment, the court held that the prosecution had proved all the essential ingredients of the offences beyond reasonable doubt, paving the way for one of the toughest sentences handed down in a high-profile illegal mining prosecution.

Before delivering judgment, the court dismissed a last-minute application by the defence seeking to halt proceedings and refer constitutional questions to the Supreme Court.

Justice Kocuvie-Tay ruled that Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), was clear and did not conflict with Article 19(11) of the 1992 Constitution, adding that there was no constitutional ambiguity requiring interpretation by the apex court.

On the charge of unlawfully assigning mineral rights, the court found that Akonta Mining had allowed another individual, Henry Okum, to operate on its concession without obtaining the mandatory approval of the Minister responsible for Lands and Natural Resources.

Evidence presented by the Minerals Commission showed that no ministerial approval had been granted, a fact the accused persons themselves did not dispute.

The judge also rejected the defence’s argument that Henry Okum had only been engaged to reclaim degraded portions of the concession.

According to the court, the evidence established that active mining, and not reclamation, was taking place. Testimony from Okum indicated that he was permitted to mine unworked portions of the concession and use the proceeds to finance reclamation activities.

Justice Kocuvie-Tay described Wontumi’s claim that Okum was expected to recover his investment through future coconut farming as an “afterthought” that was unsupported by the evidence.

The court further lifted Akonta Mining’s corporate veil, ruling that although the company is a separate legal entity, Wontumi exercised effective control over its mining operations and should therefore be held personally liable for the offences committed through the company.

On the charge of facilitating illegal mining, the court held that Wontumi deliberately enabled unlawful mining by granting access to the concession and assisting Okum in securing equipment, including an excavator, for the operations.

The judge also dismissed the defence’s argument that the absence of written agreements weakened the prosecution’s case, ruling that informal arrangements could equally constitute criminal conduct under the law.

Consequently, Wontumi was convicted on Count One for assigning mineral rights without ministerial approval and Count Four for purposefully facilitating illegal mining activities, while Akonta Mining Limited was convicted on Counts Three and Six on similar charges.

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 prescribes stiffer penalties for illegal mining-related offences.