Lands and Mines Watch Ghana (LMWG) has welcomed the conviction and sentencing of New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited, describing the judgment as a landmark moment in Ghana’s fight against illegal mining.
In a statement issued after the Accra High Court delivered its ruling, the civil society organisation said the decision reinforces the principle that Ghana’s mining laws apply equally to individuals and companies, regardless of political affiliation or social status.
“LMWG takes the firm position that this judgment vindicates a principle we have consistently advocated: that Ghana’s mining laws apply to every person and every company without exception, regardless of political office or standing,” the statement said.
The group said the case was centred on allegations that Wontumi and Akonta Mining permitted mining activities on the company’s Samreboi concession without approval from the Minister responsible for mining, contrary to provisions of the Minerals and Mining Act, 2006 (Act 703).
LMWG noted that Justice Audrey Kocuvie-Tay convicted Wontumi on Counts One and Four, while Akonta Mining was convicted on Counts Three and Six for unlawfully assigning mineral rights and facilitating unlicensed mining operations.
The organisation described the court’s decision to lift the corporate veil and hold Wontumi personally liable after finding that he exercised effective control over the company’s operations as a significant legal precedent.
“The court’s decision to lift the corporate veil and hold a de facto controller personally liable is a significant precedent, and one LMWG endorses without reservation. It closes a route long used to shield the real beneficiaries of illegal mining behind corporate structures,” it stated.
LMWG also welcomed the court’s dismissal of a defence application seeking to refer Sections 14(1) and 99(2)(b) of the Minerals and Mining Act to the Supreme Court for constitutional interpretation.
According to the group, the court held that Section 99(2)(b) was clear and did not conflict with Article 19(11) of the 1992 Constitution.
“Justice delayed in galamsey cases is justice denied to the rivers, farmlands, and communities harmed by illegal mining,” the organisation added.
The group warned individuals and companies involved in illegal mining that the ruling should serve as a deterrent, stressing that political influence, financial power or corporate structures would not shield anyone found to have violated Ghana’s mining laws.
“Anyone assigning mineral rights, permitting third parties to mine, or operating without the requisite ministerial approval faces the same criminal exposure that has now been visited on Chairman Wontumi and Akonta Mining, including custodial sentences of up to 25 years,” the statement warned.
LMWG urged mining operators to regularise unauthorised mining arrangements, avoid relying on corporate structures to escape personal liability, and cooperate fully with regulators and prosecutors.
The organisation also called on the Attorney-General’s Department and the Minerals Commission to pursue all pending illegal mining cases with the same level of commitment, insisting that enforcement of the law must remain impartial and consistent.
READ:
Wontumi was the galamsey kingpin – Martin Kpebu
Wontumi conviction should inspire stronger fight against galamsey – Ashigbey
