BREAKING: High Court Sentences Chairman Wontumi to 20 Years in Prison Over Illegal Mining

The High Court in Accra has sentenced the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, to 20 years’ imprisonment after finding him guilty of offences relating to illegal mining activities carried out through Akonta Mining Limited.

The judgment, delivered on Tuesday by Justice Audrey Kocuvie-Tay, imposed 20-year custodial sentences on each of two counts against Wontumi. The sentences are to run concurrently. The court also fined him 10,000 penalty units on each count.

Akonta Mining Limited was equally convicted and fined 15,000 penalty units on each of two counts.

Convictions

The court convicted Chairman Wontumi on charges of assigning mineral rights without the approval of the Minister responsible for Lands and Natural Resources and deliberately facilitating unlawful mining activities.

Akonta Mining Limited was also found guilty of assigning mineral rights without the required ministerial approval and facilitating illegal mining operations.

The convictions were secured under the Minerals and Mining Act, 2006 (Act 703), as amended by Act 995, which introduced stiffer penalties for illegal mining offences.

Court’s Findings

In her judgment, Justice Kocuvie-Tay held that the prosecution had proved its case beyond reasonable doubt, establishing that Akonta Mining Limited unlawfully transferred access to its mineral concession without obtaining the mandatory approval from the Minister of Lands and Natural Resources.

The court noted that evidence presented by the Minerals Commission clearly outlined the legal approval process and that the accused admitted no ministerial approval had been obtained.

The judge also rejected the defence’s argument that miner Henry Okum had been engaged solely to undertake land reclamation. According to the court, Mr. Okum testified that he had been permitted to mine portions of the concession to finance reclamation activities and had received no payment for reclamation work. The court observed that this evidence was not challenged during the trial.

Justice Kocuvie-Tay further described the defence’s explanation that Mr. Okum was expected to recover his investment through coconut farming as an “afterthought.”

The court ruled that allowing another individual to exercise Akonta Mining’s exclusive mining rights amounted to an unlawful dealing in mineral rights under Ghana’s mining laws.

Personal Liability

In a significant aspect of the ruling, the court lifted the corporate veil shielding Akonta Mining Limited, holding Chairman Wontumi personally liable for the company’s actions.

Justice Kocuvie-Tay found that although Akonta Mining was a separate legal entity, evidence showed that Chairman Wontumi exercised effective control over the company’s mining operations and functioned as the de facto controller of the mining lease.

The court further held that his role in introducing Mr. Okum to a person who assisted in procuring an excavator for the mining operations constituted deliberate facilitation of illegal mining.

Constitutional Application Dismissed

The court also dismissed an application filed by the defence on July 16, 2026, seeking to suspend the delivery of judgment and refer constitutional questions to the Supreme Court.

The defence had argued that Section 99(2)(b) of the Minerals and Mining Act was inconsistent with Article 19(11) of the 1992 Constitution.

However, Justice Kocuvie-Tay ruled that the statutory provision was clear and unambiguous and that no constitutional interpretation was required. Citing established legal precedent, the judge held that referrals to the Supreme Court are warranted only where genuine constitutional ambiguity exists.

The court also rejected submissions that the phrase “otherwise deal with” should be narrowly interpreted or that the absence of written agreements invalidated the prosecution’s case, stressing that informal arrangements can still constitute criminal offences under the law.

Significance of the Judgment

The ruling is regarded as one of the most significant convictions secured under Ghana’s strengthened illegal mining legislation. It underscores the judiciary’s willingness to hold both companies and their controlling officers accountable for breaches of the country’s mining laws, regardless of their political status.

Chairman Wontumi is expected to begin serving his concurrent 20-year prison sentence while Akonta Mining Limited is required to pay the fines imposed by the court.