The High Court in Accra has sentenced Bernard Antwi Boasiako, Ashanti Regional Chairman of the New Patriotic Party and popularly known as Chairman Wontumi, to 20 years imprisonment on each of two counts for his role in the Akonta Mining illegal mining case.
The sentences will run concurrently.
In addition to the jail term, Justice Audrey Kocuvie-Tay imposed a fine of 10,000 penalty units on Wontumi for each count.
Akonta Mining Limited was also convicted on two counts and fined 15,000 penalty units for each count.
The Convictions:
Wontumi was found guilty on Count One — assigning mineral rights without ministerial approval — and Count Four— willfully facilitating unlawful mining activities.
Akonta Mining Limited was convicted on Count Three — assigning mineral rights without ministerial approval — and Count Six— willfully facilitating unlawful mining activities.
Justice Kocuvie-Tay ruled that the prosecution had proven every essential ingredient of the offences beyond reasonable doubt under the Minerals and Mining Act, 2006 (Act 703)_, as amended by Act 995.
Court Rejects Defence Application:
The convictions followed the court’s dismissal of a last-ditch application filed on July 16, 2026, seeking to defer judgment and refer constitutional questions to the Supreme Court.
The judge held that *Section 99(2)(b) of Act 703* was “lucid and unambiguous” and did not violate Article 19(11) of the 1992 Constitution.
“The issue raised by counsel is that Parliament ought to have legislated differently.
That is not a matter for constitutional interpretation,” Justice Kocuvie-Tay stated, citing precedent in _R v. Mainkankan_.
Unlawful Assignment of Mineral Rights Proven:
On the assignment charges, the court found that Akonta Mining held the rights and transferred them to Henry Okum without approval from the Minister for Lands and Natural Resources — a fact the accused admitted.
The judge rejected the defence claim that Okum was engaged only for land reclamation.
Relying on Okum’s own testimony that he was a small-scale miner allowed to mine portions of the concession to fund reclamation, the court said the arrangement amounted to dealing in mineral rights.
Wontumi’s explanation that Okum would recoup investment through future coconut farming was described by the court as “an afterthought.”
Corporate Veil Lifted: Facilitation Established*
While a company is a separate legal entity, the court said the circumstances justified lifting Akonta Mining’s corporate veil. Justice Kocuvie-Tay found Wontumi exercised effective control over the company’s mining operations and was therefore personally liable.
On facilitation, the court held that Wontumi and Akonta Mining enabled Okum to access the concession and mine without statutory approval. Evidence cited included testimony that Wontumi introduced Okum to someone who helped him procure an excavator.
The defence argument that the phrase “otherwise deal with” should be narrowly construed, and that lack of written agreements nullified the case, was also rejected.
What Happens Next:
The convictions were secured under the Minerals and Mining (Amendment) Act, 2020 (Act 995), which increased penalties for illegal mining offences.
Wontumi will serve the 20-year terms concurrently, alongside the fines.
Akonta Mining Limited must also pay its fines.
