Private legal practitioner Andy Appiah-Kubi has revealed that NPP Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, knew he would be convicted before the Accra High Court delivered judgment in the Samreboi illegal mining case.
Mr Appiah-Kubi, who previously served as Wontumi’s lawyer, said his client had prior knowledge of the court’s decision and even shared details of the expected judgment with him before it was delivered.
“Chairman Wontumi had prior information that he would be convicted. He told me the content of the judgment. He told me that he will be jailed for twenty years,” he said.
Despite the claim, Mr Appiah-Kubi disagreed with the court’s ruling, arguing that the 20-year prison sentence was legally flawed because the court treated Chairman Wontumi and Akonta Mining as the same legal entity.
“The evidence on the ground does not support the judgment. Per the company law, the company is different from the owner or shareholder,” he argued.
He said that issue would form a central part of the appeal against the conviction.
“This will form the basis of our appeal,” he added.
Mr Appiah-Kubi further disclosed that Wontumi had instructed him to file an appeal if the court convicted him, suggesting he had anticipated the outcome before the judgment was read.
The Accra High Court sentenced Chairman Wontumi on July 20 to 20 years’ imprisonment with hard labour after being convicted on illegal mining-related offences.
In her 59-page judgment, Justice Audrey Kocuvie-Tay said the sentence was intended to deter illegal mining and reflect the seriousness of environmental crimes.
“The Court takes notice of the gravity of the offences, and the need for deterrence to avert the environmental disaster that might befall the nation the more law enforcement stays aloof and allows illegal mining activities to persist in the country,” she wrote.
The judge further held that the offences undermined Ghana’s mining regulatory framework and contributed to environmental degradation.
“The offences in this case relate to illegal exploitation of mineral resources, which are the property of the state. The conduct of the 1st and 3rd accused persons undermines the regulatory framework for the mining sector and contributes to environmental degradation associated with illegal mining.”
Justice Kocuvie-Tay noted that although the offences were serious, she considered Chairman Wontumi’s status as a first-time offender in determining the sentence.
“Taking into account the fact that the 1st and 3rd accused persons are 1st-time offenders and generally their plea in mitigation, the court sentences the accused persons as follows: On count 1, the 1st accused is sentenced to serve a term of 20 years imprisonment in hard labour, and also to a fine of 10,000 penalty units; in default serve 3 years in hard labour.”
She also imposed the same custodial sentence on count four, while Akonta Mining was fined 15,000 penalty units on counts three and six, with the prison terms ordered to run concurrently.
