Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, has formally appealed against his conviction and 20-year prison sentence imposed by the Accra High Court for offences relating to the unlawful assignment of mineral rights and the facilitation of unauthorised mining activities at Samreboi in the Western Region.
The Notice of Appeal, filed at the Court of Appeal on Wednesday by his lead counsel, Samuel Atta Akyea, challenges both the convictions entered against Chairman Wontumi and the sentence imposed by the trial court. The appeal reportedly raises more than twenty grounds, with the appellants contending that the judgment is legally flawed and ought to be set aside.
Among the principal grounds of appeal is the argument that the convictions are unreasonable and cannot be supported by the evidence led during the trial. The appellants also contend that the trial judge misconstrued key provisions of the Minerals and Mining Act, 2006 (Act 703), as amended, arguing that a proper reading of sections 13(8) and 46 is consistent with the innocence of Chairman Wontumi and Akonta Mining Limited.
The appeal further raises a constitutional question, arguing that the trial judge exceeded the jurisdiction of the High Court by determining the meaning and constitutional effect of certain statutory provisions in circumstances where the parties advanced competing interpretations. According to the appellants, this amounted to usurping the exclusive interpretative jurisdiction of the Supreme Court under Article 130 of the 1992 Constitution.
Counsel also challenges the trial court’s reliance on the testimony of one of the prosecution witnesses, whom the defence describes as a self-confessed illegal miner and participant in the alleged criminal enterprise. The appeal further argues that the circumstantial evidence relied upon by the prosecution did not irresistibly point to guilt, that reasonable alternative explanations existed, and that there was no evidence establishing the requisite criminal intent for the offences.
The appellants additionally contend that the trial court wrongly lifted the corporate veil in convicting Chairman Wontumi personally, disregarded exculpatory evidence favourable to the defence, and imposed sentences that are inordinately harsh and excessive.
Background
The appeal follows the judgment of the Accra High Court, presided over by Justice Audrey Kocuvie-Tay, which convicted Chairman Wontumi and Akonta Mining Limited on offences relating to the unlawful assignment of mineral rights and the facilitation of unauthorised mining activities at Samreboi in the Western Region. The court held that the prosecution had proved the essential elements of the offences beyond reasonable doubt and sentenced Chairman Wontumi to 20 years’ imprisonment.
With the Notice of Appeal now filed, attention is expected to shift to the next procedural step in the case. A formal application for bail pending appeal is widely anticipated, following indications by both counsel for Chairman Wontumi and officials of the New Patriotic Party last week that such an application would be pursued after the appeal was lodged.
The filing of the appeal does not suspend either the conviction or the sentence. It, however, commences the appellate process, during which the Court of Appeal will examine whether the High Court committed any errors of law or fact that warrant overturning the convictions, varying the sentence, or ordering a retrial.
