The Parliamentary Minority Caucus has issued a strongly worded statement condemning the conviction and 20-year sentence handed down to New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, describing the ruling as a serious breach of fair trial rights and a threat to judicial integrity.
In a 10-page statement released on Monday, the Minority described the High Court judgment delivered by Justice Audrey Kocuvie-Tay as lacking legitimacy due to procedural flaws, including the alleged denial of Wontumi’s counsel of choice and the trial court’s refusal to refer key constitutional questions to the Supreme Court.
Key allegations raised by the Minority
The caucus raised several fundamental concerns about the trial:
- Denial of counsel of choice The Minority argued that judgment was delivered despite prior notification that Wontumi’s lead counsel was unavailable due to a pre-existing professional commitment abroad. They invoked Article 19(2)(g) of the 1992 Constitution, which guarantees the right to be defended by a lawyer of one’s own choice, calling the development a “historic breach” reminiscent of the Tsatsu Tsikata case.
- Refusal to refer Constitutional questions The statement heavily criticised Justice Kocuvie-Tay for dismissing the defence’s application to refer constitutional issues — particularly regarding Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) — to the Supreme Court under Article 130. Citing the Supreme Court’s decision in the Republic v. High Court; Ex Parte Dr. Zenator A. Rawlings case, the Minority described this as a wrongful assumption of jurisdiction that vitiates the entire proceedings.
- Piercing the corporate veil The caucus expressed reservations about the court’s decision to hold Wontumi personally liable by lifting the corporate veil of Akonta Mining Limited, describing it as an exceptional remedy applied without sufficient justification.
- Selective justice The Minority highlighted what it termed “a tale of two standards,” pointing to the stalled investigation into ruling party officials Joseph Yamin and Yakubu Abanga over similar illegal mining allegations, and the lack of prosecution in the reported takeover of a mining concession linked to a government MP.
Strong solidarity and political messaging
The statement began with a message of solidarity to Wontumi, his family, and the NPP, describing the conviction as a heavy personal and political blow. In its concluding paragraphs, the Minority made its strongest declaration yet:
“Chairman Wontumi is a POLITICAL PRISONER!!!”
Minority Leader Osahen Alexander Kwamena Afenyo-Markin signed the statement, reaffirming the caucus’s commitment to pursue all lawful avenues, including appeals, to correct what they describe as defects that have “robbed this judgment of its legitimacy.”
Commitment to rule of law
Despite the sharp criticism, the Minority was careful to affirm its respect for the judiciary as an institution, stating that criticising a judgment is not an attack on judicial independence but part of democratic accountability.
The caucus called on:
- The Attorney-General to publish enforcement records on illegal mining cases across the political divide for transparency.
- The Court of Appeal to rigorously examine the fair trial issues.
- The Judiciary to provide guidance on constitutional referrals under Article 130.
Background
Chairman Wontumi and Akonta Mining Limited were convicted on two counts each under the Minerals and Mining Act. The case has become highly politicised, coming at a time of heightened tension over illegal mining (galamsey) operations in the country.
The Minority’s statement sets the stage for what is expected to be a vigorous appeal process, with constitutional and procedural issues likely to take centre stage at the Court of Appeal and potentially the Supreme Court.
