Wontumi Jailed 20 Years Over Akonta Mining Case

Bernard Antwi Boasiako aka Chairman Wontumi

 

The High Court in Accra has sentenced Ashanti Regional NPP Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years in prison on each of two counts related to illegal mining. The sentences will run concurrently.

The court also imposed a fine of 10,000 penalty units on each count. Akonta Mining Limited, which was jointly charged, was convicted on two counts and fined 15,000 penalty units per count

Justice Audrey Kocuvie-Tay delivered the judgment after dismissing a last-minute defence application to delay the ruling and refer constitutional questions to the Supreme Court.

The judge ruled that Section 99(2)(b) of the Minerals and Mining Act was clear and did not conflict with the 1992 Constitution.

The court found that Akonta Mining assigned its mineral rights without approval from the Minister of Lands and Natural Resources.

The prosecution proved that Henry Okum was allowed to mine portions of the concession, and the court rejected claims that he was only engaged for reclamation. Justice Kocuvie-Tay described Wontumi’s explanation that proceeds would fund future coconut farming as “an afterthought.”

Although a company is a separate legal entity, the court said Akonta Mining had no functional board and that Wontumi exercised direct control. He was therefore held personally liable as the de facto controller of the mining lease.

Also, both Wontumi and Akonta Mining were found guilty of facilitating unlawful mining. The court cited evidence that Wontumi introduced Okum to a person who helped him acquire an excavator.

The defence’s arguments, including a narrow interpretation of “otherwise deal with” and claims of no written agreements, were all rejected. The judge held that informal arrangements could still attract criminal liability.

The ruling marks one of the highest-profile convictions in Ghana’s ongoing crackdown on illegal mining.

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