Lawyer Samuel Atta Akyea has filed an appeal against the 20-year jail term handed to his client, Bernard Antwi-Boasiako, alias Chairman Wontumi.
The appeal was filed on July 28, 2026.
The Notice of Appeal sighted by 3news states in part, “Take Notice that the 1st and 3rd Accused persons/Appellants (“Appellants”) herein, who are dissatisfied with the judgment of the High Court (Criminal Division ‘4’), Accra, presided over by Her Ladyship, Audrey Kocuvie-Tay, J., dated the 20th day of July 2026, do hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 hereof and will at the hearing of the appeal seek the reliefs set out in paragraph 4.”
According to the Notice of Appeal, “The convictions are unreasonable and cannot be supported having regard to the evidence adduced at the trial.”
The lawyers explained that, “The learned trial judge did not read the Minerals and Mining Act, 2006 (Act 703), as amended, as a whole. The combined effect of sections 13(8) and 46 of the said Act is exculpatory of the 1st and 3rd Appellants and consistent with their innocence.”
“The learned trial Judge usurped the jurisdiction of the Supreme Court in flagrant contravention of Article 130(1)(a) and (2) of the Constitution 1992 in interpreting Article 19(11) of the Constitution set against sections 14(1), 59, 99(2((b(of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining Act, 2019 (Act 995), as clear, when both parties have rival meanings on the words “unless the offence is defined … in a written law,” the lawyers argued,
The judge who sentenced him, Her Ladyship Justice Audrey Kocuvie-Tay, explained that she did so to save the environment.
This is contained in the 59-page judgment sighted by 3news.
“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.
According to him, “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.”
Madam Kocuvie-Tay said she decided not to give Chairman Wontumi the maximum sentence because he is a first-time offender.
“Having listened to counsel for 1st and 3rd accused plea in mitigation, the 1st and 3rd accused person are sentenced as follows; 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 10,000.00 penalty units in default serve 3 years in hard labour.”
“On count 4, the 1st accused is sentenced to serve a term of 20 years imprisonment in hard labour, and also to a fine of 10,000.00 penalty units in default serve 3 years in hard labour. On count 3 the 3rd accused is sentenced to pay a fine of 15,000 penalty units. On count 6, the 3rd accused is sentenced to pay a fine of 15,000 penalty units. The sentences are to run concurrently,” she concluded.
Credit:- 3news.com
