Wontumi’s Samreboi Case Is Against Republic Of Ghana, Not NDC – Private Legal Practitioner

Private legal practitioner, Nicholas Osei Darkwa, has cautioned against politicising the conviction and 20-year prison sentence handed to NPP Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, in the Samreboi illegal mining case.

Speaking in an interview on Nkwantannanso on Opemsuo Radio, Mr Osei Darkwa said the case was prosecuted by the Republic of Ghana and not any political party, stressing that criminal matters must be discussed based on the law rather than political affiliations.

“The NDC as a political party has not jailed anyone. We shouldn’t politicise it. It is Ghana that has jailed him, not a political party. That is why we say the Republic versus… and not NDC versus…” he said.

He explained that once criminal cases are reduced to political debates, it becomes difficult to properly examine the legalities surrounding them.

Touching on illegal mining offences, the legal practitioner said minerals found in their natural state belong to the state, even when they are located on privately owned land.

According to him, individuals or companies seeking to undertake mining activities must first obtain the required licences and approvals under the Minerals Act, which also sets the conditions and limits for such operations.

“According to our Constitution, any mineral resources in their raw state belong to the government, even if it is your own land. So if you want to mine, you must get the necessary licence and approval,” Mr Osei Darkwa explained.

Mr Osei Darkwa further noted that an action can only be considered a crime when it is defined as an offence by law and a punishment is provided.

He said while some actions may be viewed as unacceptable by society, they cannot automatically become criminal offences unless the law specifically identifies them as such.

Addressing the legal options available to Chairman Wontumi following his conviction, the lawyer said Wontumi still has the right to challenge the decision through an appeal.

He explained that an appeal may be based on an error in the application of the law, a judgment that was against the weight of the evidence presented, or a claim that the sentence imposed was excessive.

“Even though he has been convicted and sentenced, he still has the right to appeal. If he files an appeal, he can also apply for a stay of execution until the appeal is determined,” he said.

Mr Osei Darkwa added that a stay of execution, if granted, could temporarily suspend the enforcement of the sentence while the appellate process continues.

Background

Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, is the Ashanti Regional Chairman of the New Patriotic Party (NPP) and the owner of Akonta Mining Company Limited. He was sentenced by the Accra High Court to 20 years in prison with hard labour on 20th July, 2926 after being found guilty in a case involving illegal mining activities linked to the company’s concession at Samreboi in the Western Region.

The case centred on allegations that Chairman Wontumi and Akonta Mining Limited allowed mining activities to take place on the company’s concession without the required approval from the Minister responsible for Lands and Natural Resources. The prosecution also accused the company of facilitating unlicensed mining operations, offences under Ghana’s Minerals and Mining Act, 2006 (Act 703).

The prosecution argued that mineral rights granted to a company cannot be transferred or assigned to another party without the necessary approval from the state. It further maintained that illegal mining activities were carried out on the concession. The court, after hearing the evidence, found Chairman Wontumi guilty and ruled that the prosecution had proven its case beyond reasonable doubt.

Justice Audrey Kocuvie-Tay, who presided over the case, sentenced Chairman Wontumi to 20 years’ imprisonment with hard labour on two counts. Although he received separate 20-year sentences for the two offences, the court ordered that they run concurrently, meaning he will serve a total of 20 years and not 40 years.

In addition to the prison sentence, Chairman Wontumi was fined 10,000 penalty units on each of the two counts, amounting to GH¢120,000. Failure to pay the fine will attract an additional three-year prison term with hard labour.

Akonta Mining Company Limited, which was also convicted in the case, was fined 15,000 penalty units on each of the two counts, totalling GH¢180,000. The court further ordered the forfeiture of equipment and other items seized from the mining concession during investigations.