The first defence witness in the ongoing Samreboi mining concession trial has told the court that verbal permission alone cannot constitute a valid assignment or transfer of mineral rights under Ghana’s mining laws.
Wisdom Edem Gomashie, a mining engineer testifying as an expert witness for Bernard Antwi-Boasiako (Chairman Wontumi) and the other accused persons, made the assertion during proceedings on Thursday.
Relying on the Minerals and Mining Act, 2006 (Act 703) and the Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176), Gomashie emphasised that any assignment of mineral rights must follow formal legal procedures, including approval by the minister responsible for mines.
Chairman Wontumi and his company face six counts for allegedly allowing two individuals, Henry Okum and Michael Gyedu Ayisi, to carry out mining activities on the concession without the required ministerial approval, as well as facilitating unlicensed mining operations. The accused have pleaded not guilty and are currently on bail.
During the hearing, the defence team, led by Andy Appiah-Kubi, argued that merely allowing the individuals to operate on the concession did not amount to a formal assignment of mineral rights, as there was no written agreement.
The prosecution, however, countered that the absence of a written document does not prevent the act from being considered a transfer once the concession holder grants another party the right to exploit minerals on the land.
In cross-examination, Deputy Attorney-General Justice Srem-Sai challenged the witness’s expert opinion, arguing that it was not sufficiently grounded in law.
Gomashie maintained his position, explaining that while mining lease holders can engage service providers for operational support, such arrangements do not equate to the transfer of mineral rights.
Inconsistencies in the witness’s statement also surfaced during cross-examination. Although Gomashie was born in April 1993, his statement claimed he obtained his first degree in 1998.
He also initially indicated he earned a Master’s degree from the Kwame Nkrumah University of Science and Technology but later clarified that his qualifications came from the University of Mines and Technology and the University of Ghana.
He attributed the errors to typographical mistakes and was allowed by the court to correct them.