Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, has appealed his convictions and jail sentence in the Samreboi illegal mining case.
He is asking the Court of Appeal to overturn the High Court’s judgment and acquit and discharge him on all four counts for which they were convicted. Joined in the appeal is Akonta Mining Company Limited.
The notice of appeal was filed on Tuesday, July 28, 2026, challenging the judgment delivered by Justice Audrey Kocuvie-Tay of the High Court’s Criminal Division 4 on July 20.
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Wontumi and Akonta Mining are represented by former Attorney-General and Member of Parliament for Abuakwa North, Samuel Atta Akyea.
In his appeal of the jail sentence, Wontumi argues that the convictions were unreasonable and unsupported by the evidence presented during the trial.
They contend that the trial judge misinterpreted key provisions of the Minerals and Mining Act, 2006 (Act 703), as amended, and failed to properly consider the combined effect of sections 13(8) and 46 of the law, which they argue exonerate them.
Wontumi challenges ruling
A major ground of the appeal centres on the interpretation of constitutional issues raised during the trial.
The appellants argue that the High Court exceeded its jurisdiction by determining constitutional questions that, in their view, should have been referred to the Supreme Court.
They maintain that the constitutionality of sections 14(1), 59 and 99(2)(b) of the Minerals and Mining Act, in relation to Article 19(11) of the 1992 Constitution, ought to have been determined by the Supreme Court under Article 130 of the Constitution.
According to the notice of appeal, the trial judge also erred by refusing to stay the delivery of judgment of the jail sentence and refer the constitutional questions to the apex court.
The appellants contend that the trial judge misconstrued section 14(1) of the Minerals and Mining Act by treating a bare licence as equivalent to an assignment or disposition of a mineral right.
They maintain that PW2, whom they describe as a bare licensee working on behalf of Akonta Mining, acquired no mining rights and therefore could not have been assigned any mineral rights belonging to the company.
Evidence used to secure conviction
The appeal also challenges the High Court’s reliance on the testimony of PW2.
The appellants describe PW2 as a confessed illegal miner and participant in the alleged criminal enterprise, arguing that his evidence amounted to accomplice testimony that should have been treated with greater caution and corroborated before being relied upon.
According to the appellants, there was also no evidence to establish that Bernard Antwi-Boasiako intended to assign Akonta Mining’s mineral rights or deliberately facilitated an unlicensed mining operation.
The appellants argue that documentary evidence clearly showed that the concession belonged exclusively to Akonta Mining Company Limited.
The appeal also challenges the interpretation of section 59 of the Minerals and Mining Act, arguing that the provision does not create a criminal offence for mine support service providers operating without licences from the Minerals Commission.
According to the appellants, the High Court effectively filled gaps in the legislation when interpreting the provision.
The appellants also argue that the jail sentence imposed by the High Court was harsh and excessive.
They are therefore asking the Court of Appeal to set aside their convictions and enter verdicts of acquittal and discharge on all four counts.
Background
On July 20, 2026, the High Court convicted Bernard Antwi-Boasiako and Akonta Mining Company Limited over illegal mining activities allegedly carried out on the company’s concession at Samreboi in the Western Region.
The court found that Wontumi had unlawfully permitted mining activities on the concession.
He was convicted on two counts relating to assigning mineral rights without the approval of the Minister responsible for Lands and Natural Resources and purposely facilitating an unlicensed mining operation.