Ashanti Regional Chairman of the opposition New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Company Limited have appealed against a 20-year prison sentence imposed over illegal mining activities at Samreboi, asking the Court of Appeal to overturn their convictions and acquit them.

The notice of appeal, filed on 28 July by lawyer Samuel Atta Akyea, challenges the entire judgment delivered by the High Court’s Criminal Division on 20 July.

The appellants argue that the convictions are unsupported by the evidence and were based on errors in the interpretation of Ghana’s Minerals and Mining Act.

They contend that the trial judge failed to properly apply provisions of the law which, they argue, absolve them of criminal liability.

The appeal also raises constitutional issues, arguing that questions surrounding the legality of sections of the Minerals and Mining Act should have been referred to the Supreme Court rather than determined by the High Court.

Wontumi and Akonta Mining further dispute the court’s finding that permission granted to a contractor to undertake land reclamation on the Samreboi concession amounted to an unlawful transfer or assignment of mineral rights requiring ministerial approval.

According to the appeal, the contractor was merely a licensee carrying out reclamation work and was never assigned any mining rights.

The appellants also challenge the reliance placed on the testimony of prosecution witness Henry Okum, describing him as a self-confessed illegal miner whose evidence, they argue, required independent corroboration before it could safely be relied upon.

They further argue that the circumstantial evidence presented during the trial did not establish guilt beyond reasonable doubt and that there was no evidence Wontumi intentionally facilitated an unlicensed mining operation.

The appeal also contests the trial court’s decision to treat Wontumi and Akonta Mining as a single entity, arguing there was no legal basis to lift the company’s corporate veil in a criminal prosecution.

In addition, the appellants say the judge improperly interpreted provisions relating to mine support service providers and imposed sentences that were excessive.

They are asking the Court of Appeal to set aside the convictions, acquit them on all four counts and discharge them.

The High Court convicted Wontumi and Akonta Mining on July 20 over illegal mining activities on the company’s concession at Samreboi in the Western Region.

Justice Audrey Kocuvie-Tay found that Wontumi had unlawfully permitted mining activities on the concession, convicting him of assigning mineral rights without ministerial approval and facilitating an unlicensed mining operation.

He was sentenced to 20 years’ imprisonment with hard labour on each of the two counts, with the sentences to run concurrently, and fined 10,000 penalty units on each count.

Akonta Mining Company Limited was fined 15,000 penalty units on each of the two counts for which it was convicted.