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
The report indicates that 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.
It further notes that 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.
