Lead Counsel for the Minority Caucus, John Darko, has criticised the Accra 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 judgment as a misapplication of the law.
According to Mr Darko, the prosecution failed to establish that Chairman Wontumi had transferred his mining concession to persons engaged in illegal mining activities.
The Suame Member of Parliament argued that while other individuals were alleged to have carried out unlawful mining on the concession, they were not the ones prosecuted, insisting there was insufficient evidence linking Chairman Wontumi to the offences for which he was convicted.
He further contended that the trial judge misinterpreted the provisions of the Minerals and Mining Act, 2006 (Act 703), maintaining that the law does not criminalise the transfer of an interest in a mining concession without prior approval from the Minister responsible for Lands and Natural Resources.
According to him, the legislation merely renders such a transfer void rather than making it a criminal offence, adding that the decision is likely to be challenged on appeal.
Speaking on Channel One TV, Mr Darko said, “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 of his interest without ministerial approval. In fact, at best what it does is that, it makes the transfer void. The law does not criminalise the transfer.”
He added, “I think that the judgment is in error of law and I believe that even if it is not quashed, it can be overturned when appealed because the judge, in my view, got it wrong.”
His comments follow the conviction of Chairman Wontumi and Akonta Mining Limited by the Accra High Court over illegal mining-related offences involving the company’s concession at Samreboi in the Western Region.
The court found them guilty of unlawfully assigning mineral rights without the approval of the Minister responsible for Lands and Natural Resources and facilitating illegal mining activities on the concession.
Chairman Wontumi was sentenced to 20 years’ imprisonment on two counts, with the sentences to run concurrently, while Akonta Mining Limited was fined 15,000 penalty units on each count.