The High Court in Accra is expected to deliver judgment today in the criminal mining case trial involving Ashanti Regional New Patriotic Party (NPP) Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi.
Mr Antwi-Boasiako is facing charges relating to the alleged unlawful assignment of a mining concession at Samreboi in the Western Region.
The case, which has attracted significant public attention due to the accused’s political profile, centres on allegations of breaches of Ghana’s Minerals and Mining Act, 2006 (Act 703).
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The NPP Ashanti Regional Chairman has pleaded not guilty to charges of:
- Assignment of mineral rights without approval
- Intentionally facilitating an unlicensed mining operation
The prosecution alleges that Mr Antwi-Boasiako unlawfully transferred mining rights connected to his concession and facilitated mining activities without the required regulatory approval.
If the court acquits him, it would mean the prosecution failed to establish the charges beyond reasonable doubt.
However, a conviction could expose him to a possible custodial sentence of up to 25 years under the relevant mining laws.
Challenges
Ahead of the judgment, lawyers for Chairman Wontumi filed an application seeking a postponement of the ruling and a referral of certain legal issues to the Supreme Court for interpretation.
His lawyer, Samuel Atta Akyea, argued that Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), under which his client is being prosecuted, is unclear and violates constitutional protections on fair trial rights.
The defence argued that the provision is vague, overly broad and inconsistent with Article 19(11) of the 1992 Constitution, which guarantees fair trial principles.
Counsel urged the High Court to refer the constitutional matter to the Supreme Court.
The defence also prayed that if the referral application is rejected, the court should acquit and discharge Mr Antwi-Boasiako.
The Attorney-General charged Chairman Wontumi, who is a shareholder of Akonta Mining Limited, together with Kwame Antwi, a director of the company who is currently at large.
During the mining case trial, the prosecution presented four witnesses to support its case.
One of the witnesses, Henry Okum, a small-scale miner, told the court that he had a verbal agreement with Mr Antwi-Boasiako to undertake mining activities on the concession.
After the prosecution closed its case, the court ruled that a prima facie case had been established against Chairman Wontumi.
The court subsequently dismissed his submission of no case to answer and directed him to open his defence.