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Chairman Wontumi seeks to overturn High Court conviction in mining case

Chairman Wontumi seeks to overturn High Court conviction in mining case

By: Emmanuel Bekoe

Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has formally challenged his conviction in the high-profile Samreboi illegal mining case by filing an appeal at the Court of Appeal.

The appeal, filed jointly by Mr Boasiako and Akonta Mining Company Limited, seeks to overturn the entire judgment delivered by the Accra High Court (Criminal Division 4), presided over by Justice Audrey Kocuvie-Tay, on 20 July 2026. The High Court convicted the appellants over allegations of illegal mining activities linked to Akonta Mining, a company associated with the Ashanti Regional Chairman of the New Patriotic Party (NPP).

According to the Notice of Appeal, the 1st and 3rd accused persons are dissatisfied with the decision and are asking the appellate court to set aside the judgment in its entirety following the sanctions imposed after their conviction.

Among the grounds of appeal, the appellants argue that the convictions "are unreasonable and cannot be supported having regard to the evidence adduced at the trial." They further contend that the trial judge failed to properly interpret the Minerals and Mining Act, 2006 (Act 703), as amended.

The notice states that "The learned trial judge did not read the Minerals and Mining Act, 2006 (Act 703), as amended, as a whole. The combined effect of sections 13(8) and 46 of the said Act is exculpatory of the 1st and 3rd Appellants and consistent with their innocence."

The appellants also argue that the High Court exceeded its jurisdiction by interpreting constitutional provisions they maintain fall exclusively within the authority of the Supreme Court. They contend that the trial judge "usurped the jurisdiction of the Supreme Court in flagrant contravention of Article 130(1)(a) and (2) of the 1992 Constitution" in interpreting provisions relating to the Minerals and Mining Act and Article 19(11) of the Constitution.

The appeal centres on the interpretation of provisions of the Minerals and Mining Act, 2006 (Act 703), as amended by the Minerals and Mining Act, 2019 (Act 995), particularly the meaning of the phrase "unless the offence is defined … in a written law," which the appellants argue remains subject to competing legal interpretations.

The Court of Appeal is expected to fix a hearing date to determine whether the High Court's judgment should be upheld or overturned. The outcome could have significant implications for the ongoing legal proceedings involving Chairman Wontumi and Akonta Mining Company Limited.

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