The Ashanti Regional Chairman of the opposition New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has been slapped with six criminal charges by the Office of the Attorney-General over alleged breaches of Ghana’s mining laws.
The charges, filed at the High Court (Criminal Division) in Accra, stem from alleged unauthorised mining activities at Samreboi in the Western Region involving his company, Akonta Mining Company Limited.
The charge sheet, filed by the Attorney General and Minister for Justice Dr Dominic Ayine, names Chairman Wontumi, Kwame Antwi, and Akonta Mining Company Limited as the first, second, and third accused persons, respectively.
However, the prosecution revealed that the second accused person, Kwame Antwi, is currently at large. The charges were brought under key provisions of the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995), which criminalise unauthorised mining and the facilitation of unlicensed operations.
In the first count, Wontumi is accused of assigning mineral rights without obtaining the required ministerial approval. The Attorney-General alleges that sometime in 2024, he permitted two individuals, identified as Henry Okum and Michael Gyedu Ayisi, to carry out mining operations within Akonta Mining’s concession at Samreboi.
The prosecution contends that this act was done without the prior written approval of the Minister of Lands and Natural Resources, in direct violation of Sections 14(1) and 99(2)(b) of the Minerals and Mining Act.
The second count mirrors the first, but targets the second accused person, Kwame Antwi. According to the charge sheet, as a director of Akonta Mining Company Limited, Antwi also authorised the same two individuals to conduct mining operations without the necessary approval, thereby breaching the same provisions of the mining law.
The prosecution maintains that his actions were deliberate and intended to facilitate mining activities outside the legal framework established by the state.
The third count is directed at Akonta Mining Company Limited itself. The company is accused of corporate liability for the unauthorised assignment of its mineral rights.
The prosecution asserts that, in 2024, the company permitted mining operations to take place within its concession area at Samreboi without obtaining the written consent of the Minister of Lands and Natural Resources, contrary to the provisions of Act 703.
This count invokes the principle of corporate criminal responsibility, which holds companies accountable for actions carried out under their authority or with their consent.
Facilitating Unlicensed Mining Activities
In the fourth count, the Attorney-General charges Wontumi with purposely facilitating unlicensed mining activities. The prosecution alleges that he deliberately enabled the two miners—Okum and Ayisi—to carry out operations without possessing any valid licence issued by the Minister.
This, according to the Attorney-General’s Office, constitutes a breach of Section 99(2)(b) of the Minerals and Mining Act, which criminalises the facilitation or participation in illegal mining operations.
The fifth count, similar to the fourth, is levelled against the second accused person, Kwame Antwi. He is alleged to have intentionally facilitated the same unlicensed mining operations within the company’s concession, thereby acting in violation of the same legal provision.
The prosecution maintains that both individuals, acting in their respective capacities as directors of Akonta Mining Company Limited, played active roles in allowing the illegal mining activities to occur.
Corporate Facilitation of Unlicensed Mining
The sixth and final count is directed at Akonta Mining Company Limited itself. The company is accused of corporate facilitation of unlicensed mining, a charge that makes it liable for enabling unauthorised mining operations to occur on its concession.
The state argues that this corporate offence represents a serious violation of Section 99(2)(b) of Act 703, underscoring the company’s alleged complicity in the unlawful acts.
The charges underscore the government’s growing resolve to clamp down on illegal mining activities – popularly known as galamsey that continue to devastate the country’s environment and water bodies.
Over the years, successive governments have been criticised for selective enforcement of the law, especially when politically connected individuals and companies have been accused of engaging in or facilitating illegal mining operations.
Section 14(1) of the Minerals and Mining Act explicitly prohibits the assignment of mineral rights without the prior written approval of the Minister responsible for Mines, while Section 99(2)(b) makes it a criminal offence to facilitate or take part in any mining activity without a valid licence.
Convictions under these provisions carry substantial penalties, including fines and possible custodial sentences. While the Attorney-General’s Office, currently led by Dr. Dominic Ayine, has not yet commented publicly on the case, court officials confirmed that the charge sheet has been duly filed and assigned to a High Court judge for hearing.
It is expected that Wontumi will be formally arraigned before the High Court in the coming days to respond to the charges. This development marks a significant moment in the ongoing national debate about accountability in the mining sector.
Wontumi, who has previously described Akonta Mining as a legitimate company operating within the bounds of the law, will now have to defend himself and his company in court. The case is likely to attract intense public attention given his political prominence and the sensitivity surrounding illegal mining in Ghana.
If found guilty, the accused persons could face severe penalties under Ghana’s mining laws, including imprisonment and the possible revocation of Akonta Mining’s operating licence. The outcome of the case will also test the state’s commitment to enforcing mining regulations irrespective of political affiliations.
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