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 convicting him on two counts in the Akonta Mining illegal mining case.
The court ordered that the two 20-year prison terms run concurrently, meaning Wontumi will serve a maximum of 20 years in prison. In addition to the custodial sentence, he was fined 10,000 penalty units on each of the two counts.
Akonta Mining Limited, which was also convicted on two counts, was fined 15,000 penalty units for each offence.
Justice Audrey Kocuvie-Tay delivered the judgment after ruling that the prosecution had proved all the essential elements of the offences beyond reasonable doubt. The court found Wontumi guilty on Counts One and Four, while Akonta Mining Limited was convicted on Counts Three and Six.
Before the judgment was delivered, the defence made a last-minute attempt to halt proceedings by filing an application on July 16, 2026, asking the court to refer constitutional issues raised in the case to the Supreme Court for interpretation.
However, Justice Kocuvie-Tay dismissed the application, holding that Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), was clear and did not conflict with Article 19(11) of the 1992 Constitution.
Relying on the precedent set in R v. Mainkankan, the judge stated that constitutional referrals were only necessary where there was genuine ambiguity requiring interpretation by the Supreme Court.
“The issue raised by counsel is that Parliament ought to have legislated differently. That is not a matter for constitutional interpretation,” Justice Kocuvie-Tay ruled.
On the charges relating to the unlawful assignment of mineral rights without the approval of the Minister responsible for Lands and Natural Resources, the court held that the prosecution had successfully established all the required elements of the offence.
According to the court, the prosecution proved that Akonta Mining Limited held mineral rights, transferred or assigned those rights without the legally required ministerial approval, and thereby breached the provisions of the Minerals and Mining Act.
The judgment marks a significant development in Ghana’s ongoing efforts to combat illegal mining and enforce compliance with the country’s mining laws.
