Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited have filed an appeal against their sentences in the Samreboi illegal mining case, asking the Court of Appeal to overturn the High Court’s judgment and acquit and discharge them on all four counts.
The notice of appeal, filed on Tuesday, July 28, challenges the entire judgment delivered by Justice Audrey Kocuvie-Tay of the High Court’s Criminal Division 4 on July 20.
Represented by Samuel Atta Akyea, the appellants argue that the convictions are 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 consider the combined effect of sections 13(8) and 46 of the Act, which they say exonerate them.
The appellants also argue that the trial judge exceeded her jurisdiction by determining constitutional questions that 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 light of 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 appeal, the judge further erred by refusing to stay the delivery of judgment and refer those constitutional questions to the apex court.
Another major ground of appeal challenges the finding that Akonta Mining’s permission for prosecution witness PW2 (Henry Okum) to undertake reclamation works on the Samreboi concession amounted to an assignment, encumbrance or other dealing with its mineral rights requiring ministerial approval.
The appellants argue that granting permission to reclaim land does not amount to a transfer or assignment of mineral rights and that the trial judge misconstrued section 14(1) of the Minerals and Mining Act by equating a bare licence with an assignment or disposition of a mineral right.
They further contend that PW2, 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.
The appeal also faults the trial judge for relying on the uncorroborated testimony of PW2, whom the appellants describe as a self-confessed illegal miner and participant in the alleged criminal enterprise. They argue that his evidence, as that of an accomplice, should have been treated with greater caution and corroborated before being relied upon.
The appellants further argue that the circumstantial evidence relied upon by the trial court did not irresistibly point to their guilt and that there were reasonable explanations consistent with their innocence.
They also contend that there was no evidence that Bernard Antwi-Boasiako intended to assign Akonta Mining’s mineral rights or deliberately facilitated an unlicensed mining operation, as required to establish the offences.
The appeal further challenges the High Court’s finding that Wontumi was the de facto holder of the mineral rights despite documentary evidence showing that the concession belonged exclusively to Akonta Mining.
The appellants also argue that the trial judge had no legal basis for lifting the corporate veil of Akonta Mining and treating the company and its director as one and the same in a criminal trial.
They additionally contend that the judge wrongly interpreted section 59 of the Minerals and Mining Act as creating a criminal offence for mine support service providers operating without licences from the Minerals Commission, arguing that the court effectively filled gaps in the legislation.
The notice of appeal further states that the trial judge failed to fairly evaluate the defence evidence, ignored evidence consistent with the appellants’ innocence, and imposed sentences that were harsh and excessive.
The appellants are therefore asking the Court of Appeal to set aside their convictions, enter verdicts of acquittal and discharge on all four counts.
Background
On July 20, the High Court convicted Bernard Antwi-Boasiako and Akonta Mining Company Limited over illegal mining activities on the company’s concession at Samreboi in the Western Region.
The court found that Wontumi had unlawfully permitted mining activities on the concession, resulting in convictions for assigning mineral rights without the approval of the Minister responsible for Lands and Natural Resources and for purposely facilitating an unlicensed mining operation.
Justice Audrey Kocuvie-Tay sentenced Wontumi to 20 years’ imprisonment with hard labour on each of the two counts on which he was convicted, with the sentences to run concurrently. He was also fined 10,000 penalty units on each count.
Akonta Mining Company Limited was fined 15,000 penalty units on each of the two counts against it.
