Advertisement

Chairman Wontumi's lawyer rejects 20-year sentence, describes court ruling as 'mind-boggling'

Enoch Afoakwa, a member of the legal team for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi
Chairman Wontumi's lawyer, Enoch Afoakwa, says he is "not comfortable with the sentence" after the Ashanti Regional NPP Chairman was jailed for 20 years over illegal mining-related offences. The defence says it will consult its client before deciding its next legal steps.
Advertisement
  • Wontumi's lawyer, Enoch Afoakwa, says he is "not comfortable with the sentence" after the NPP Ashanti Regional Chairman was sentenced to 20 years in prison.

  • The defence argues the conviction over the assignment of mineral rights is "mind boggling," insisting no written instrument, as required under the Lands Act, was produced during the trial.

  • Afoakwa says the legal team will consult Chairman Wontumi before deciding on its next course of action following the High Court's judgment.

Advertisement

Enoch Afoakwa, a member of the legal team for Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has expressed dissatisfaction with the 20-year prison sentence handed to his client.

Speaking to journalists moments after the High Court delivered its judgment on Monday, July 20, lawyer Enoch Afoakwa said the defence team had expected a different outcome based on its interpretation of the law.

"I'm not comfortable with the sentence," Afoakwa said.

Advertisement

He argued that although the charges were brought under the Minerals and Mining Act, the issue of assigning mineral rights should have been assessed in line with the provisions of the Lands Act, which, according to him, requires such an assignment to be made through a written instrument.

"Indeed I must say, the outcome of the trial having culminated into a conviction and sentencing because under normal circumstances, one would have thought that at least once a person is charged with assignment of mineral right without authorization it was trite that the Lands Act clearly defines what assignment is, and assignment is by way of a written instrument and if there was none throughout the trial and that a person could be convicted and sentenced on same then it's really a worrying trend," he said.

The lawyer maintained that no such written instrument was produced during the trial, making the conviction difficult for the defence to reconcile.

"Charges were brought under the Mining Act. Clearly the Lands Act talks of assignment should be a written instrument but we did not see same and clearly, once he has been convicted on assignment without mineral right authorization, it's clearly mind boggling and I'm not comfortable with the sentence," he added.

Advertisement

Despite his reservations, Afoakwa said the defence would first engage Chairman Wontumi before determining its next course of action.

"What can we do except to consult our client and fashion out the way forward and we'll certainly come out," he said.

The reaction followed a landmark judgment delivered by Justice Audrey Kocuvie-Tay at the Criminal Division of the High Court on Monday, July 20, bringing to a close one of Ghana's most high-profile prosecutions linked to illegal mining, popularly known as galamsey.

The court convicted Mr Antwi Boasiako on all 6 counts, including assigning mineral rights without the required ministerial approval and intentionally facilitating an unlicensed mining operation, contrary to the Minerals and Mining Act, 2006 (Act 703), as amended.

Advertisement

Justice Kocuvie-Tay sentenced the NPP Ashanti Regional Chairman to 20 years' imprisonment. The court also imposed a fine of 10,000 penalty units. Should he fail to pay the fine, he will serve an additional three-year prison term. However, the court ordered that the custodial sentence and the default prison term run concurrently.

Under the Minerals and Mining Act, the offences for which Chairman Wontumi was convicted carry custodial sentences ranging from 15 to 25 years.

Advertisement
Latest Videos
Advertisement