Chairman Wontumi's 20-year sentence: This is ‘mind-boggling’ - Lawyers signal next steps
Lawyers for New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, have questioned the legal basis of his sentence to 20 years imprisonment over illegal mining.
The legal representation indicated they will consult their client on the next course of action.
Speaking to the media after the judgment, a member of the legal team argued that the conviction for the alleged unauthorised assignment of a mineral right was problematic.
"Under normal circumstances, one would have thought that at least once a person is charged with assignment of mineral right without authorisation, it was trite that the Lands Act clearly defines what assignment is, and assignment is by way of a written instrument," the lawyer said.
He contended that no such written instrument was produced during the trial.
"…if there was none throughout the trial and that a person could be convicted and sentenced on same, then it's really a worrying trend," he added.
Wontumi’s counsel intimated that his legal team will decide on the next steps with regard to their client’s sentence.
"What can we do except to consult our client and fashion out the way forward, and we certainly will come out."
He further argued that while the charge was brought under the Mining Act, the meaning of "assignment" should be interpreted in line with the Lands Act, 2020 (Act 1036), which regulates land transactions.
"The Mining Act doesn't talk of assignment. There's specific legislation that regulates the conduct of land transactions. It's the Lands Act of 2020, Act 1036. If you want to really understand what assignment means as far as land transactions are concerned, then you have to go to the Lands Act, and clearly the Lands Act talks of assignment to be a written instrument," he said.
He added: "We did not see same and certainly once he has been convicted on assignment without mineral right authorisation, it's clearly mind-boggling and I am not comfortable with the sentencing.”
An Accra High Court has sentenced Chairman Wontumi to 20 years imprisonment over his involvement in illegal mining activities on the Samreboi concession in the Western Region.
The court also imposed a fine of 10,000 penalty units with a default sentence of three years imprisonment if the fine is not paid.
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