Audio By Carbonatix
The opposition New Patriotic Party (NPP) has rejected the High Court's conviction and 20-year prison sentence imposed on its Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, describing the judgement as "fundamentally flawed" and vowing to challenge it at the Court of Appeal.
Addressing a press conference in Accra on Monday, July 20, the General Secretary of the party, Justin Frimpong Kodua, said although the NPP respected the authority and independence of the judiciary, it strongly disagreed with the court's decision and believed the conviction could not be sustained on the evidence presented during the trial.
The High Court earlier on Monday sentenced Chairman Wontumi to 20 years' imprisonment after finding him guilty in a case relating to illegal mining activities at Samreboi.
The verdict has triggered mixed reactions, with anti-illegal mining campaigners welcoming the judgment as a significant step in the fight against galamsey, while the NPP insists the conviction represents a miscarriage of justice.
Appeal
Mr Kodua said the Constitution guaranteed every citizen the right to challenge court decisions through the appellate process, stressing that the party would pursue every legal avenue available.
"We address you today with profound disappointment, but also with an unwavering commitment to the rule of law, constitutional democracy, and the pursuit of justice," he said.
"While we respect the authority of our courts, respect for the judiciary does not require silence in the face of a judgment that is fundamentally flawed. Our Constitution guarantees every citizen the right to disagree with judicial decisions and to seek redress through the appellate process. That is precisely what we intend to do."
'No evidence'
The NPP General Secretary argued that the prosecution failed to establish the essential elements of the offence for which Chairman Wontumi was convicted.
According to him, it was common ground throughout the trial that the Ashanti Regional Chairman had lawfully acquired his mineral concession.
He maintained that the key issue before the court was whether the concession had been unlawfully assigned or transferred, insisting that no evidence was presented to prove such a transfer.
"It is our considered view that Chairman Wontumi has been convicted in circumstances where there was no evidence at all to support a conviction in respect of the offence for which he has been convicted," Mr Kodua stated.
"It was never disputed that Chairman Wontumi lawfully acquired his mineral concession. That fact was established and accepted before the court."
He added that the prosecution failed to produce evidence demonstrating that Chairman Wontumi had assigned or transferred his mineral rights.
"The prosecution could not produce any evidence to show that Wontumi had assigned his mineral right."
Instead, he argued, the conviction was based on "assumptions and inferences" which, in the party's view, did not satisfy the criminal standard of proof beyond reasonable doubt.
"That is why we firmly believe that this conviction is a travesty of justice and has to be overturned on appeal," Mr Kodua said.
Rule of law
The NPP reiterated that its decision to appeal should not be interpreted as a rejection of the judiciary but rather as an exercise of a constitutional right available to every citizen dissatisfied with a court's decision.
The party said it remained committed to constitutional democracy and due process and expressed confidence that the appellate courts would review the judgment based on the law and the evidence placed before the trial court.
Chairman Wontumi's legal team is expected to file a notice of appeal in the coming days.
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