The Minority Caucus in Parliament has urged the judiciary to apply consistent legal principles in the ongoing case involving New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi. The caucus argued that previous landmark cases should guide the legal process as the conviction is challenged before the appellate courts.
The call follows the 20-year prison sentence handed to Chairman Wontumi on Monday, July 20, after he was convicted on offences linked to illegal mining. The Minority said its position was rooted in the need for fairness and consistency in the administration of justice.
Addressing the media, Deputy Minority Leader and Member of Parliament for Asokwa, Honourable Patricia Appiagyei, urged the judiciary to examine the case through the same legal standards applied in earlier high profile cases. She cited the acquittal of renowned legal practitioner Tsatsu Tsikata as an example of a case that should inform the broader debate on legal consistency.
Honourable Appiagyei stressed that the Minority is not seeking special treatment for Chairman Wontumi. Instead, she argued that the same principles used to determine previous cases should apply to every person who appears before the courts, regardless of political affiliation or social standing.
“We call on all Ghanaians of every party to insist that the standard which cleared Tsatsu Tsikata in 2016 be applied in Wontumi’s conviction today. This is not an attack on the judiciary as an institution, it is a call for consistency and a system that inspires confidence across the political divide.”
Honourable Patricia Appiagyei
According to the Asokwa MP, the appeal process offers the judiciary an opportunity to demonstrate that legal principles are applied consistently. She added that public confidence in the justice system depends on the perception that similar legal questions receive similar treatment.
Honourable Appiagyei further argued that the case had implications beyond the individual conviction. In her view, the handling of the appeal could influence public perceptions of constitutional protection and the independence of the justice system.
“History will not remember this moment for the length of sentence, it will remember whether Ghana, when tested, decided to defend the constitution for everyone or for the power of the day.”
Honourable Patricia Appiagyei
The Minority therefore called for the Court of Appeal to carefully examine the legal issues raised by the defence. Honourable Appiagyei indicated that the caucus would continue to pursue lawful avenues available to it as the case moves through the judicial process.
Minority Calls For Equal Enforcement In Fight Against Illegal Mining
The Minority Caucus also called for equal enforcement of Ghana’s anti illegal mining laws, urging state institutions to pursue cases across political lines. The caucus argued that the fight against galamsey must be guided by the same standards whenever credible evidence exists.
Addressing the media, Honourable Appiagyei urged the Attorney General to provide greater clarity on the state’s enforcement record in illegal mining cases. She argued that transparency in prosecution would help address questions about whether the law is being applied evenly.
The Minority specifically called on the Attorney General to publish information on illegal mining cases involving individuals linked to different political groupings. According to the caucus, such information would allow the public to assess the consistency of enforcement across the political divide.
“Public trust in institutions that must outlive any single administration is corroded. We therefore call on the Attorney General to publish the state’s enforcement record on illegal mining across the political spectrum.”
Honourable Patricia Appiagyei
The call also extended to specific legal questions arising from the trial. Honourable Appiagyei urged the Court of Appeal to examine the denial of counsel of choice, the refusal to refer certain constitutional questions to the Supreme Court and the decision to lift the corporate veil of Akonta Mining Company Limited.
She further referred to the Supreme Court’s decision in the case involving North Tongu Member of Parliament Samuel Okudzeto Ablakwa and private legal practitioner Justice Srem-Sai. The Deputy Minority Leader urged the judiciary to consider the legal threshold applied in that case when examining constitutional referral issues.
The Minority’s position followed the conviction and sentencing of Chairman Wontumi and Akonta Mining Company Limited by the Accra High Court. The case involved alleged breaches of the Minerals and Mining Act, 2006, Act 703, connected to mining activities conducted without the required approval.
Honourable Appiagyei acknowledged the need for firm action against illegal mining. She nevertheless argued that enforcement must be applied equally to protect the credibility of the national campaign against galamsey.
The caucus consequently urged the Court of Appeal to scrutinise the disputed legal decisions with the same level of rigour applied to other cases. It also signalled its intention to pursue further legal and parliamentary avenues as the matter develops.
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