Chairman Wontumi appeals Samreboi illegal mining conviction, challenges High Court judgment

Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has escalated his legal battle by formally appealing his conviction in the high-profile Samreboi illegal mining case. The NPP Ashanti Regional Chairman is asking the Court of Appeal to overturn the entire judgment delivered by the Accra High Court in July 2026, signalling his determination to clear his name in a case that has attracted significant public and political attention.

The appeal, jointly filed by Mr Boasiako and Akonta Mining Company Limited, comes after Justice Audrey Kocuvie-Tay convicted both parties on charges linked to illegal mining activities. In their Notice of Appeal, the 1st and 3rd accused persons have outlined several grounds for overturning the conviction, arguing that the High Court misinterpreted mining law and overstepped its constitutional authority.

Key legal arguments in the appeal

The appellants contend that their convictions "are unreasonable and cannot be supported having regard to the evidence adduced at the trial." More significantly, they argue that Justice Kocuvie-Tay failed to properly interpret the Minerals and Mining Act, 2006 (Act 703), as amended.

According to the notice of appeal, the trial judge did not read the mining legislation as a whole. The appellants claim that sections 13(8) and 46 of Act 703, when read together, should exonerate them. This technical legal argument suggests that the High Court may have misapplied the statutory framework governing mining operations in Ghana.

In a more constitutionally significant claim, Wontumi and Akonta Mining argue that the trial judge exceeded the High Court's jurisdiction by interpreting constitutional provisions that should fall exclusively within the Supreme Court's remit. They specifically reference Article 19(11) of the 1992 Constitution, arguing that the trial judge improperly resolved rival interpretations of constitutional language concerning criminal offences and written law—a matter they believe only Ghana's apex court can definitively settle.

Why it matters for Ghana

The Samreboi illegal mining case has become emblematic of broader concerns about enforcing Ghana's mining laws and the accountability of high-profile political figures. Wontumi's position as a regional NPP chairman and his association with Akonta Mining Company Limited elevated this case beyond a routine prosecution, making it a touchstone for public discourse about political impartiality in the justice system.

The appeal raises important constitutional questions about the proper division of labour between Ghana's courts. If the Court of Appeal accepts the appellants' argument that the trial judge usurped Supreme Court jurisdiction, it could have implications for how lower courts handle cases involving constitutional interpretation. Additionally, the appeal's focus on mining law interpretation matters for Ghana's broader regulatory environment—proper application of the Minerals and Mining Act is crucial for managing the country's extractive industries and combating illegal mining, a persistent national challenge.

The outcome of this appeal will likely influence public confidence in Ghana's judicial system and its willingness to hold powerful individuals accountable under mining law. The Court of Appeal is expected to set a date for hearing the appeal, where both parties will present their arguments before a panel of appellate judges.