The New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, also known as Chairman Wontumi, was found guilty and given a 20-year sentence.
The Parliamentary Minority Caucus strongly condemned the decision, calling it a grave violation of his right to a fair trial and a danger to the integrity of the legal system.
The Minority said in a 10-page statement on Monday that procedural issues, such as the trial court’s refusal to refer important constitutional issues to the Supreme Court and the purported denial of Wontumi’s preferred counsel, rendered the High Court decision rendered by Justice Audrey Kocuvie-Tay illegitimate.
Important accusations made by the minority
The caucus expressed a number of serious issues regarding the trial, including:
- 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.
The statement opened by expressing support for Wontumi, his family, and the NPP and characterising the conviction as a severe political and personal setback. The Minority delivered its most forceful statement to date in its final paragraphs:
Osahen Alexander Kwamena Afenyo-Markin, the minority leader, signed the statement, reiterating the caucus’s resolve to use all legal channels, including appeals, to address what they claim are flaws that have “robbed this judgement of its legitimacy.”
“Chairman Wontumi is a POLITICAL PRISONER!!!”
The Minority took sure to reaffirm its respect for the court as an institution in spite of the harsh criticism, saying that challenging a ruling is a necessary component of democratic accountability rather than an assault on judicial independence.
The caucus made a call to:
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.
Under the Minerals and Mining Act, Chairman Wontumi and Akonta Mining Limited were found guilty on two charges each.
At a time when tensions over illegal mining (galamsey) operations in the nation are at an all-time high, the issue has become extremely politicised.
With constitutional and procedural problems likely to take center stage before the Court of Appeal and possibly the Supreme Court, the Minority’s statement sets the stage for what is anticipated to be a vigorous appeals process.
Source: newsthemegh.com