The Ashanti Regional Chairman of the New Patriotic Party (NPP) and owner of Akonta Mining Company Limited, Bernard Antwi Boasiako, aka Chairman Wontumi, was hauled before two separate High Courts yesterday on different illegal mining-related offences.
In the first court, the prosecution, led by the Deputy Attorney-General and Minister of Justice, Dr Justice Srem-Sai, accused Chairman Wontumi and his company of permitting two persons to undertake mining operations on his company’s mining concession without obtaining approval from the sector minister in breach of the law.
He was slapped with two counts of assignment of mineral rights without approval and two counts of purposely facilitating an unlicensed mining operation at Samreboi in the Western Region.
Meanwhile, a director of Akonta Mining Company Ltd, Kwame Antwi who has also been charged with two counts of assignment of mineral rights without approval and purposely facilitating an unlicensed mining operation, is currently on the run.
Chairman Womtumi has pleaded not guilty to the charges at the Criminal Division of the High Court, presided over by Justice Audrey Kocuvie-Tay.
Second case
In the second case, Chairman Wontumi has been accused of mining in the Tano Nimire Forest Reserve without a licence and purposely facilitating the unauthorised felling of over 300 merchantable trees and unquantifiable saplings in the same forest reserve.
The accused, together with his company, was charged with six counts of undertaking a mining operation without a licence, felling and abetting the felling of trees in a forest reserve without written authority from the competent forest authority.
A General Manager of the mining company, Edward Akuoku, has also been charged with one count of undertaking a mining operation without a licence.
They have both pleaded not guilty to the charges.
Bail application
Moving a bail application, counsel for the accused, Andy Appiah-Kubi, described his client as a responsible citizen and a well-known businessman with wives and children.
He added that Chairman Wontumi voluntarily honoured invitations of the police service anytime a statement was required.
His client, counsel said, had a recognised place of abode and could be found in Ghana through any means necessary.
Mr Appiah-Kubi further told the court that the Ashanti Regional Chairman had men and women of substance to stand sureties for him, further praying the court for a generous bail condition.
The Deputy Attorney-General and Minister of Justice did not oppose the bail application.
However, Dr Srem-Sai said the gold business was inherently capital-intensive, indicating that the accused had substantial financial resources. Individuals of means, he added, might present a higher flight risk.
He reminded the court that the nature of the offence — illegal mining or mining without a licence — was a pressing issue in the country, with a minimum sentence of 15 years upon conviction.
"The determination of bail conditions must reflect the seriousness of the charges.
“If not appropriately managed, individuals like the accused may be incentivised to flee rather than face the law,” the Deputy A-G said.
Justice Srem-Sai prayed the court to take into consideration the retention of the accused's travel passport, mandatory reporting to investigators at least twice a week for the first month to mitigate the risk of flight, and a significant bail amount that could lead to asset forfeiture if the accused failed to comply.
Court
After hearing arguments from both sides, Justice Kocuvie-Tay admitted Chairman Wontumi to bail in the sum of GH¢15 million with three sureties, two to provide justification with landed property within the jurisdiction of the court.
The accused is to deposit his passport(s) with the court registrar. He is also to be placed on the stop list at all the entry points.
The three sureties are to deposit copies of their Ghana Card with the court registrar, including their digital addresses.
Chairman Wontumi is to report to the case investigator on the first and third Monday of every month.
The court has given the prosecution three weeks to file all necessary documents they intend to rely on.
The case has been adjourned to October 28, this year.
Case two conditions
In the second case, the court presided over by Justice Ruby Aryeetey, admitted the accused to bail in the sum of GH¢10 million with two sureties, one to be justified with landed property.
He is to report to the police twice every month.
The accused persons are to deposit their passports at the court registry.
The case has been adjourned to November 4, this year.
Chairman Wontumi however spent Tuesday night in custody for failing to meet the bail conditions.
