The Minority Caucus in Parliament has criticised the conviction and 20-year prison sentence imposed on New Patriotic Party (NPP) Ashanti Regional Chairman, Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, describing the High Court's decision as unconstitutional and pledging to challenge it through the appellate courts.

In a statement issued on Monday, July 20, and signed by Minority Leader Alexander Afenyo-Markin, the caucus argued that the judgment was marred by procedural and constitutional irregularities, insisting that the matter would be pursued at both the Court of Appeal and the Supreme Court.

Chairman Wontumi and Akonta Mining Limited were convicted by the High Court in Accra after being found guilty on two counts each under the Minerals and Mining Act, 2006 (Act 703), as amended.

Minority Questions Court's Decision to Proceed Without Lead Counsel

A key concern raised by the Minority relates to the trial court's decision to deliver judgment in the absence of Wontumi's lead lawyer, Samuel Atta Akyea, who had informed the court that he was outside the country on a prior professional engagement.

The caucus contended that proceeding with the judgment despite the absence of counsel of choice violated Article 19(2)(g) of the 1992 Constitution, which guarantees every accused person the right to legal representation of their choosing.

To support its position, the Minority cited the case involving former Ghana National Petroleum Corporation Chief Executive Tsatsu Tsikata, whose conviction was overturned by the Court of Appeal after it ruled that aspects of his trial amounted to a miscarriage of justice.

According to the caucus, the constitutional protections afforded accused persons should apply equally, irrespective of political affiliation.

Objection to Constitutional Referral Decision

The Minority also faulted the High Court for dismissing an application by the defence seeking to refer constitutional questions arising from Section 99(2)(b) of the Minerals and Mining Act to the Supreme Court for interpretation.

The caucus argued that under Article 130 of the Constitution, only the Supreme Court has the authority to determine constitutional interpretation issues and maintained that the trial judge should have referred the matter instead of deciding that the provision was sufficiently clear.

It further questioned the court's decision to pierce the corporate veil of Akonta Mining Limited in holding Chairman Wontumi personally liable, arguing that the legal approach warrants further examination by the appellate courts.

Minority Alleges Unequal Enforcement

While reaffirming its support for efforts to combat illegal mining, the Minority accused the state of applying the law selectively.

The caucus questioned why investigations involving other individuals alleged to have engaged in illegal mining activities had not progressed at the same pace, citing previous investigations announced by the Attorney-General into National Organiser Joseph Yamin and National Vice Chairman Yakubu Abanga.

It also referred to an alleged dispute over a licensed mining concession at Apinto involving foreign nationals, arguing that those matters have not received similar prosecutorial attention.

According to the Minority, the differing approaches raise concerns about fairness and equal application of the law.

Calls for Transparency

The caucus has called on the Office of the Attorney-General to publish a comprehensive record of all prosecutions related to illegal mining to demonstrate that enforcement is being carried out impartially.

It also urged Chairman Wontumi's legal team to pursue every available legal remedy, including an appeal and other constitutional processes, while assuring supporters of the NPP that it remains committed to challenging the conviction through the courts.