Audio By Carbonatix
The Lead Counsel for the Minority Caucus, John Darko, has criticised the 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 ruling as a misapplication of the law.
Mr Darko argued that the prosecution failed to establish that Chairman Wontumi had transferred his mining concession to persons engaged in illegal mining.
The Member of Parliament for Suame maintained that although others were alleged to have carried out unlawful mining activities on the concession, they were not the ones prosecuted, insisting there was insufficient evidence linking Wontumi to the offences for which he was convicted.
The lawmaker further contended that the court misinterpreted the provisions of the Minerals and Mining Act, 2006 (Act 703), arguing that the legislation does not make the transfer of an interest in a mining concession without ministerial approval a criminal offence.
According to him, the law merely renders such a transfer invalid rather than criminalising the act, adding that the judgment is likely to be challenged at the appellate court.
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."
The High Court in Accra convicted Chairman Wontumi and Akonta Mining Limited over illegal mining-related offences, finding them guilty of unlawfully assigning mineral rights without approval from the Minister responsible for Lands and Natural Resources and facilitating illegal mining activities on the company's Samreboi concession in the Western Region.
Chairman Wontumi was sentenced to 20 years' imprisonment on two counts, to run concurrently, while Akonta Mining Limited was fined 15,000 penalty units on each count.
Latest Stories
-
We cannot drink gold: The price Ghana is paying for galamsey
29 seconds -
We’ve worked without condition of service since 2008 – GAUA
41 seconds -
African climate negotiators convene in Accra to shape future of Global Just Transition Mechanism
14 minutes -
Sir David Adjaye calls for an Architecture of African Christianity at international symposium in Accra
25 minutes -
Young minds, big ideas in battle of wits as Luv FM High School Debate enters 7th edition
31 minutes -
Rent Control makes rent cards mandatory for landlords, hostel operators from August 17
33 minutes -
About 15km of inner roads completed ahead of Suame Interchange construction – Urban Roads DG
37 minutes -
About 90% of PWDs removed from streets in Bosome Freho through PWD fund – DCE
39 minutes -
UTAG rejects GAUA claims of discrimination over Market Premium disparities in public universities
52 minutes -
PURC commends ECG for prompt response and dedicated service
56 minutes -
In the era of AI, what does Africa build when everyone can get in?
58 minutes -
PRETAG threaten industrial action over unpaid 20% deprived-area allowance
1 hour -
Minerals Commission to take immediate control of Adamus Mine after lease revocation upheld
1 hour -
Minister upholds revocation of Adamus Resources mining leases following independent committee review
2 hours -
AKSA Energy deal: Bribery offences not time-barred, assets can be recovered – Ayikoi Otoo
2 hours