Lands and Mines Watch Ghana (LMWG) has welcomed the conviction and sentencing of NPP Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akon
The report indicates that lands and Mines Watch Ghana (LMWG) has welcomed the conviction and sentencing of NPP Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited, describing the judgment as a landmark moment in Ghana’s fight against illegal mining.
It further notes that in a statement issued after the Accra High Court delivered its ruling, the civil society organisation stated the decision reinforces the principle that Ghana’s mining laws apply equally to all persons and companies, regardless of political affiliation or status.
“LMWG takes the firm position that this judgment vindicates a principle we have consistently advocated: that Ghana’s mining laws apply to every person and every company without exception, regardless of political office or standing,” the statement said.
According to the group, the case centred on allegations that Wontumi and Akonta Mining permitted mining activities on the company’s Samreboi concession without the approval of the Minister responsible for mining, contrary to the Minerals and Mining Act, 2006 (Act 703).
LMWG noted that Justice Audrey Kocuvie-Tay convicted Wontumi on Counts One and Four, while Akonta Mining was convicted on Counts Three and Six for unlawfully assigning mineral rights and facilitating unlicensed mining operations.
The organisation described the court’s decision to lift the corporate veil after finding that the company had no functional board and that Wontumi exercised effective personal control over its operations.
“The court’s decision to lift the corporate veil and hold a de facto controller personally liable is a significant precedent, and one LMWG endorses without reservation. It closes a route long used to shield the real beneficiaries of illegal mining behind corporate structures,” it stated.
LMWG also welcomed the court’s dismissal of a last-minute defence application seeking to refer Sections 14(1) and 99(2)(b) of the Minerals and Mining Act to the Supreme Court for constitutional interpretation.
According to the group, the court held that Section 99(2)(b) was clear and did not conflict with Article 19(11) of the 1992 Constitution, rejecting the application.
“Justice delayed in galamsey cases is justice denied to the rivers, farmlands, and communities harmed by illegal mining,” the organisation added.
The group further warned individuals and companies engaged in illegal mining that the ruling should serve as a deterrent.
It stated political office, financial influence or the use of corporate structures would not protect anyone found to have breached Ghana’s mining laws.
“Anyone assigning mineral rights, permitting third parties to mine, or operating without the requisite ministerial approval faces the same criminal exposure that has now been visited on Chairman Wontumi and Akonta Mining, including custodial sentences of up to 25 years,” the statement warned.
LMWG urged operators in the mining sector to immediately regularise any unauthorised mining arrangements, cautioned against relying on corporate entities to avoid personal liability, and encouraged full cooperation with regulators and prosecutors.
