The Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, commonly referred to as Chairman Wontumi, along with Akonta Mining Company Limited, has appealed against their convictions in the Samreboi illegal mining case. They are requesting the Court of Appeal to reverse the High Court’s ruling and to acquit and discharge them on all four charges.
The notice of appeal, submitted on Tuesday, July 28, contests the entirety of the judgment rendered by Justice Audrey Kocuvie-Tay of the High Court’s Criminal Division 4 on July 20.
Represented by Samuel Atta Akyea, the appellants assert that the convictions are irrational and lack support from the evidence provided during the trial. They argue that the trial judge misinterpreted critical sections of the Minerals and Mining Act, 2006 (Act 703), as amended, and neglected to consider the cumulative impact of sections 13(8) and 46 of the Act, which they claim absolve them of wrongdoing.
Furthermore, the appellants contend that the trial judge overstepped her authority by addressing constitutional issues that should have been submitted to the Supreme Court. They argue that the constitutionality of sections 14(1), 59, and 99(2)(b) of the Minerals and Mining Act, in relation to Article 19(11) of the 1992 Constitution, should have been adjudicated by the Supreme Court under Article 130 of the Constitution.
The appeal also states that the judge made an additional error by declining to postpone the judgment and refer those constitutional matters to the highest court.
Another significant basis for the appeal disputes the conclusion that Akonta Mining’s authorization for prosecution witness PW2 (Henry Okum) to carry out reclamation activities on the Samreboi concession constituted an assignment, encumbrance, or other transaction involving its mineral rights that necessitated ministerial consent.
The appellants assert that the approval to reclaim land does not constitute a transfer or assignment of mineral rights, and they claim that the trial judge misinterpreted section 14(1) of the Minerals and Mining Act by equating a mere license with an assignment or transfer of a mineral right.
Additionally, they argue that PW2, acting as a bare licensee on behalf of Akonta Mining, did not acquire any mining rights and thus could not have been assigned any mineral rights belonging to the company.
The appeal also criticizes the trial judge for depending on the uncorroborated testimony of PW2, whom the appellants label as an admitted illegal miner and participant in the alleged criminal activity. They contend that his testimony, being that of an accomplice, should have been approached with heightened caution and corroborated before being considered.
Furthermore, the appellants argue that the circumstantial evidence relied upon by the trial court did not unequivocally indicate their guilt and that there were plausible explanations that aligned with their innocence.
They also maintain that there was no evidence to suggest that Bernard Antwi-Boasiako intended to assign Akonta Mining’s mineral rights or intentionally facilitated an unlicensed mining operation, which is necessary to establish the alleged offences.
The appeal further contests the High Court’s determination that Wontumi was the de facto holder of the mineral rights, despite documentary evidence indicating that the concession was solely owned by Akonta Mining.
Lastly, the appellants argue that the trial judge lacked a legal foundation for piercing the corporate veil of Akonta Mining and treating the company and its director as indistinguishable in a criminal trial.
They further argue that the judge misinterpreted section 59 of the Minerals and Mining Act, suggesting it establishes a criminal offence for mine support service providers who operate without licenses from the Minerals Commission. They assert that the court effectively addressed deficiencies in the legislation.
The notice of appeal also indicates that the trial judge did not adequately assess the defence evidence, overlooked evidence that supported the appellants’ innocence, and imposed sentences that were unduly harsh and excessive.
Consequently, the appellants are requesting the Court of Appeal to overturn their convictions and to issue verdicts of acquittal and discharge on all four counts.
On July 20, the High Court found Bernard Antwi-Boasiako and Akonta Mining Company Limited guilty of illegal mining activities on the company’s concession located in Samreboi, Western Region.
The court determined that Wontumi had unlawfully authorized mining operations on the concession, leading to convictions for assigning mineral rights without the necessary approval from the Minister responsible for Lands and Natural Resources, as well as for intentionally facilitating an unlicensed mining operation.
Justice Audrey Kocuvie-Tay sentenced Wontumi to 20 years of imprisonment with hard labour for each of the two counts on which he was convicted, with the sentences to be served concurrently. Additionally, he was fined 10,000 penalty units for each count.
Akonta Mining Company Limited received a fine of 15,000 penalty units for each of the two counts against it.
