Wontumi trial: Assignments of mineral rights are done through written instruments - Mireku Duker
A former Deputy Minister of Lands and Natural Resources, George Mireku Duker, has told the High Court that assignment of mineral rights is done through written instruments and not orally.
Mounting the witness box on Tuesday (May 19, 2026) for the defence in the trial on which the Ashanti Regional Chairman of the New Patriotic Party (NPP) Bernard Antwi-Boasiako a.k.a Wontumi and his company are standing trial, George Mireku Duker, who served as Deputy Minister at the Ministry of Lands and Natural Resources from 2021 to 2024, said that the administrative structure at the ministry during his tenure was such that any formal assignment under section 14(1) of the Minerals and Mining Act, 2006 (Act 703) would have been routed to his office.
"When an assignment is being made, it is done in a written instrument and not orally. Therefore, if Akonta Mining had had any arrangement with any other party under section 14 of Act 703, it would have gone to my table through the administrative structure we had at the ministry then," he said.
Charges
Wontumi and his company are facing six counts relating to allegations that they permitted Henry Okum and Michael Gyedu Ayisi to mine on the company’s concession without prior ministerial approval, while also facilitating unlicensed mining activities.
Mireku Duker said mining concessionaires in Ghana were routinely permitted to authorise environmental reclamation work on their concessions without that arrangement constituting an assignment of mineral rights under section 14(1) of the Minerals and Mining Act, 2006 (Act 703).
He added that the ministry, working through the Minerals Commission, routinely advised concessionaires to assist in reclaiming degraded land — and that such engagements did not require compliance with section 14.
Section 14(1) reads, "A mineral right shall not in whole or in part be transferred, assigned, mortgaged or otherwise encumbered or dealt in, in a manner without the prior approval in writing of the Minister, which approval shall not be unreasonably withheld or given subject to unreasonable conditions."
The former Deputy Minister stated that there were instances where he stood on concessions to commend concessionaires who had embarked on environmental remediation exercises, and those people he commended did not need to go through section 14, but had to ensure their concessions were protected and met the laws of this country.
He drew a further distinction by reference to section 59 of Act 703 and L.I. 2176, adding that persons providing mine support services — including reclamation — operate under a separate legal regime and are not required to obtain ministerial approval under section 14.
Problem
Mr Mireku Duker also sought to reframe the court's understanding of what was happening on the Akonta Mining concession during the relevant period.
He testified that during his tenure as Deputy Minister, his office received reports of illegal mining activity on the concession — not by persons authorised by Chairman Wontumi, but by external illegal miners who had invaded the site.
He stated that he personally led a security team to the concession to arrest illegal miners and had them paraded at the entrance, with media present to document the exercise.
He added that a helicopter was deployed on one such occasion.
"Before you is George Mireku Duker who comes from the region and has primary knowledge of illegal activities still going on in that enclave — if drones are thrown now, my evidence will be clear," he added.
He further testified that Chairman Wontumi had mentioned to him, during an award scheme by the ministry on best mining practices, that though he had not yet started mining, he had invested in a coconut plantation to reclaim the degraded parts of the concession invaded by illegal miners.
Cross-examination
When the Deputy Attorney-General, Dr Justice Srem-Sai, confronted the witness by suggesting to him that a person who failed to put an assignment or any other activity in section 14(1) had not complied with the law.
The withess agreed.
Below is an excerpt of the cross-examination
Deputy Attorney-General: You will agree that to obtain the minister's approval under section 14, the transfer, assignment, mortgage, or any of the activities in section 14(1) must be in writing.
Witness: True.
Deputy Attorney-General: A person who fails to put a transfer, assignment, mortgage or any of the activities mentioned in section 14 of Act 703 in writing has not complied with the requirement in section 14.
Witness: Counsel is right. If there is no written document to meet the dictates of section 14, it becomes clear that there is no action at all.
Deputy Attorney-General: A person who has not complied with section 14 of Act 703 has committed an offence.
Witness: Yes, my Lady — if anyone, whether a Ghanaian or otherwise, fails to comply with the law or any provision or enactment.
