The Minority Caucus in Parliament has criticised the 20-year prison sentence handed to New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, describing the conviction as a miscarriage of justice.
The caucus has pledged to challenge the decision in the higher courts, citing what it says are constitutional and legal concerns surrounding the trial.
In a statement issued on Monday, July 20, and signed by Minority Leader Osahen Alexander Kwamena Afenyo-Markin, the caucus accused the trial process of being marred by procedural irregularities and selective prosecution.
Chairman Wontumi and his company, Akonta Mining Limited, were convicted by Justice Audrey Kocuvie-Tay on two counts each under the Minerals and Mining Act, 2006 (Act 703), as amended, and sentenced to 20 years’ imprisonment.
The Minority argued that the High Court erred by delivering judgment in the absence of Wontumi’s lead counsel, who had informed the court that he would be outside the jurisdiction due to a prior professional engagement.
According to the caucus, proceeding with the judgment without the accused person’s lawyer of choice breached Article 19(2)(g) of the 1992 Constitution, which guarantees every accused person the right to legal representation of their choice.
The Minority referenced the case of former Ghana National Petroleum Corporation Chief Executive Tsatsu Tsikata, whose conviction was overturned by the Court of Appeal in 2016, arguing that the principle of a fair trial must apply equally regardless of political affiliation.
“If the right to counsel of choice mattered in 2003, it matters in 2026, and it matters exactly as much when the accused sits on the other side of the political aisle,” the statement said.
The caucus also challenged the court’s refusal to refer constitutional questions surrounding Section 99(2)(b) of Act 703 to the Supreme Court under Article 130 of the Constitution.
It argued that, based on the Supreme Court’s decision in Republic v. The High Court, General Jurisdiction 6, Accra; Ex Parte Dr. Zanetor A. Rawlings (2016), the High Court lacked the authority to determine that the constitutional questions raised were clear enough to avoid a referral to the apex court.
The Minority further questioned the court’s decision to lift the corporate veil of Akonta Mining Limited and hold Chairman Wontumi personally liable, describing the move as an exceptional legal remedy that requires appellate scrutiny.
While maintaining its support for efforts to combat illegal mining, the caucus accused the government of selectively applying the law based on political considerations.
It questioned why investigations reportedly ordered by the Attorney-General on July 15, 2025, into alleged illegal mining activities involving National Organiser Joseph Yamin and National Vice Chairman Yakubu Abanga had not led to prosecutions.
The Minority also cited what it described as the lack of action over the alleged takeover of a licensed mining concession at Apinto involving foreign nationals, contrasting it with what it called the swift prosecution and heavy sentence imposed on Chairman Wontumi.
The caucus has called on the Office of the Attorney-General to publish a comprehensive record of illegal mining prosecutions to demonstrate that the law is being applied fairly across the political divide.
It also urged Wontumi’s legal team to pursue all available legal remedies, including an appeal and an application for certiorari, while assuring NPP supporters in the Ashanti Region and beyond that it would continue to challenge the conviction through constitutional means.
