Bernard Antwi-Boasiako aka Chairman Wontumi
The Minority Caucus in Parliament has described the conviction of the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, as a grave miscarriage of justice and declared him a “political prisoner.”
Addressing a press conference in Parliament on Tuesday, Deputy Minority Leader, Patricia Appiagyei, said the caucus was deeply concerned about what it described as constitutional and procedural defects in the High Court judgment against Wontumi and Akonta Mining Limited.
According to the Minority, the case raises fundamental questions about the rule of law, due process and equal application of justice in the country.
“Chairman Wontumi is a political prisoner,” Madam Appiagyei declared, arguing that the conviction had exposed weaknesses in the justice system that could undermine public confidence in democratic institutions.
The caucus stressed that its position was not intended as a defence of any individual but rather a defence of constitutional principles.
“We speak not as advocates for one man, but as custodians of a constitutional order that must apply equally to every Ghanaian, regardless of political colour,” the Deputy Minority Leader stated.
Four Alleged Defects
The Minority identified four major concerns which it believes undermine the legitimacy of the judgment.
The first, it said, was the alleged denial of Wontumi’s right to counsel of his choice.
Madam Appiagyei argued that judgment was delivered in the absence of the accused’s lead counsel, whose office had reportedly informed the court of an unavoidable professional engagement outside the country.
She maintained that Article 19 of the Constitution guarantees every accused person the right to legal representation of their choice and cited the case of former Ghana National Petroleum Corporation (GNPC) Chief Executive, Tsatsu Tsikata, whose conviction was overturned by the Court of Appeal in 2016 on grounds, including procedural unfairness.
“If that standard mattered in 2016, it matters today, regardless of whose name sits on the charge sheet,” she said.
The second concern related to the court’s refusal to refer constitutional questions arising from the case to the Supreme Court.
According to the Minority, Article 130 of the Constitution reserves constitutional interpretation exclusively for the Supreme Court.
The caucus contended that the trial judge erred by determining constitutional issues relating to Section 99(2)(b) of the Minerals and Mining Act instead of referring them to the apex court.
Madam Appiagyei cited the Supreme Court’s decision in the 2016 Zanetor Agyeman-Rawlings case, which held that lower courts should not assume jurisdiction over constitutional questions that ought to be referred to the Supreme Court.
Corporate Liability Questioned
The Minority also challenged the legal basis upon which the court held Wontumi personally liable alongside Akonta Mining Limited.
It argued that the court improperly pierced the company’s corporate veil despite not finding that the company was fraudulent, a sham, or established to evade existing legal obligations.
The caucus maintained that under established legal principles, including the landmark Salomon v. Salomon decision and Ghanaian case law, a company is a separate legal entity from its directors and shareholders.
Madam Appiagyei warned that the precedent could have far-reaching implications for businesses across the country.
“Left uncorrected, this reasoning threatens every founder-led business in Ghana, from the smallest family enterprise to the largest,” she said.
Allegations Of Selective Justice
The fourth issue raised by the Minority was what it described as selective prosecution in the fight against illegal mining.
The caucus claimed that while opposition figures accused of mining-related offences have been aggressively pursued, investigations involving some individuals associated with the governing National Democratic Congress (NDC) have not progressed with the same urgency.
Madam Appiagyei cited investigations reportedly ordered into NDC National Organiser, Joseph Yamin, and Vice Chairman, Yakubu Abanga, over alleged illegal mining activities, noting that there had been no public update on prosecutions.
She also referenced other mining-related cases involving NDC figures, arguing that the disparity in treatment had created a perception that state institutions were targeting political opponents.
“This pattern sustains a reasonable perception that the machinery of the State moves fastest, and lands hardest, when it is pointed at the political opposition,” she said.
Calls For Action
The Minority called on the Attorney-General to publish a comprehensive record of illegal mining prosecutions involving individuals across the political spectrum.
It also urged the Court of Appeal to closely examine issues surrounding the alleged denial of counsel, the refusal to refer constitutional questions to the Supreme Court, and the court’s treatment of corporate liability.
In addition, the caucus appealed to the Judiciary to reaffirm the standards governing constitutional referrals in line with previous Supreme Court decisions.
By Ernest Kofi Adu, Parliament House