The Member of Parliament for Suame and Lead Counsel for the Minority Caucus, John Darko, has criticised the High Court’s conviction of former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, describing the ruling as an “error of law.”
Speaking on Channel One Newsroom, Mr. Darko argued that the court wrongly applied the provisions of the Minerals and Mining Act, 2006 (Act 703), insisting that Wontumi was not convicted for personally engaging in illegal mining but for allegedly allowing others to carry out illegal mining activities on his concession.
According to him, the prosecution failed to prove that Wontumi transferred his mining concession to illegal miners, adding that the individuals who allegedly conducted the illegal mining operations were not the ones brought before the court.
Mr. Darko further maintained that the law does not criminalise the transfer of an interest in a mining concession without the approval of the Minister for Lands and Natural Resources.
“If you look at Act 703, it says you cannot transfer an interest in a concession without ministerial approval. That means it doesn’t criminalise transferring an interest without ministerial approval. At best, such a transfer is rendered void. The law does not criminalise the transfer,” he stated.
He argued that the trial judge misinterpreted the law and expressed confidence that the verdict could be overturned on appeal.
“I think the judgment is an error of law, and I believe that even if it is not quashed, it can be overturned on appeal because, in my view, the judge got it wrong,” Mr. Darko said.
His comments follow the recent High Court judgment in Accra, which found Chairman Wontumi and Akonta Mining Limited guilty of illegal mining-related offences.
The court ruled that the two unlawfully assigned mineral rights without the approval of the Minister responsible for Lands and Natural Resources and facilitated illegal mining activities on Akonta Mining’s concession at Samreboi in the Western Region.
Chairman Wontumi was sentenced to 20 years’ imprisonment on two counts, to run concurrently, while Akonta Mining Limited was fined 15,000 penalty units on each of the two counts.
