Bernard Antwi Boasiako aka Chairman Wontumi
The convicted former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako (Chairman Wontumi), would have to wait until October 15 to try his chances at securing bail pending the determination of his appeal against a 20-year jail term for illegal mining related offences.
The application was scheduled to be heard yesterday but had to be adjourned to October 15, 2026 as the court did not sit yesterday.
Daily Guide later gathered that the trial judge, Justice Audrey Kocuvie-Tay, was indisposed hence her absence.
Lawyers for Chairman Wontumi filed an application for bail pending the hearing of his appeal against his conviction and 20-year prison sentence for permitting others to mine on his company’s concession without ministerial approval.
The application argues that the trial was fundamentally flawed in law and that the appeal raises substantial, serious and arguable questions of law and fact with overwhelming prospects of success.
“The conviction proceeded upon grave errors of law which substantially affected the outcome of the trial, and the appeal discloses several exceptional circumstances warranting the exercise of this Honourable Court’s discretion in favour of the Applicant,” a portion of the application stated.
The affidavit in support of the application contends that the appeal raises genuine and substantial constitutional questions concerning the interpretation of Article 19(11) of the 1992 Constitution and the constitutionality of Sections 14(1), 59 and 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703), as penal legislation.
It further argues that the trial judge usurped the exclusive jurisdiction of the Supreme Court in alleged violation of Article 130(2) of the Constitution.
The appeal also challenges the trial judge’s decision on the grounds that she failed to interpret the Minerals and Mining Act, 2006 (Act 703), as amended, as a whole.
According to the application, Sections 13(8) and 46 of Act 703 exculpate Chairman Wontumi and his company from all the charges and are consistent with their innocence.
It further argues that the appeal challenges the trial judge’s attribution of criminal liability to Chairman Wontumi despite the separate legal personality of his company, Akonta Mining Company Limited, contrary to established principles of company law and criminal responsibility.
“In fact, where an appeal raises substantial questions of law with strong prospects of success, this Honourable Court may properly exercise its discretion in favour of admitting the Applicant to bail pending appeal,” the application states.
The affidavit further states that Chairman Wontumi is not a flight risk, describing him as a responsible and law-abiding individual with deep-rooted family, business, professional and community ties within the jurisdiction.
“He has no intention whatsoever of evading the due process of the law, and he is fully prepared to submit himself to the authority and jurisdiction of this Honourable Court as and when required. Any apprehension suggesting otherwise would be wholly unfounded and devoid of merit,” the affidavit states.
It also argues that Chairman Wontumi’s continued availability to his legal team is essential for the effective preparation and prosecution of the appeal, as he participated throughout the trial and is familiar with the proceedings.
“Significantly, bail in his favour will not only enable him to work hand in hand with counsel towards his acquittal but also make him available to consult and confer with counsel, unlike his present confinement, which naturally frustrates lawyer-client engagement,” the application states.
AG Opposes
The Office of the Attorney General (AG) has opposed an application seeking bail for the jailed former Ashanti Regional Chairman of the NPP, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, pending an appeal against his conviction and 20-year jail term for mining related offences.
An affidavit in opposition filed by the Office avers that the application for bail pending appeal filed by his lawyers discloses no reasonable chances of the appeal succeeding.
It also contends that Chairman Wontumi, having been convicted, jailed and standing trial in other matters, poses a significant flight risk if granted bail by the court.
BY Gibril Abdul Razak