Ghana: Chairman Wontumi Seeks Supreme Court Interpretation of Provisions of the Minerals and Mining Act

Mr Bernard Antwi-Boasiako, Ashanti Regional Chiarman of the New Patriotic Party (NPP), has asked the High Court in Accra to refer provisions of the Minerals and Mining Act to the Supreme Court for interpretation.

The accused was arraigned for allegedly leasing his mining concession at Samreboi in the Western Rsgion, contrary to the Minerals and Mining Act.

His counsel, Mr Samuel Atta Akye, said should the court, presided over by Justice Audrey Kocuvi-Tay, refused to refer the case to the SC, then the court should acquit and discharge his client.

This was contained in his 50 page written address to the court which is set to deliver a judgement on July 20.

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Mr Akyea wants the Supreme Court to determine whether, on a true and proper interpretation of Article 19(11) of the 1992 Constitution, Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), one of the provisions underpinning the charges against his client, is legally vague, overbroad and inconsistent with the letter and spirit of the said article, and therefore unconstitutional, null and void.

Mr Boasiako, who is currently seeking to contest as the National Chairman of the NPP, has pleaded not guilty to assignment of mineral rights without approval and purposely facilitating an unlicensed mining operation.

The Office of the Attorney General preferred criminal charges against three accused persons -- Antwi-Boasiako, a shareholder of Akonta Mining, and Kwame Antwi, a director of the company.

Antwi, the co-accused, who is charged with two counts of assignment of mineral rights without approval and purposely facilitating an unlicensed mining operation, is currently on the run.

In all, the prosecution invited four witnesses to testify against Messrs Bosiako and Akonta Mining.

Mr Henry Okum, a small-scale miner, had earlier told the court that he had a verbal agreement with Mr Boasiako to mine on his concession at Samreboi.

Boasiako was asked to open his defence after the court made a prima facie case against him.

His submission of the case to answer was dismissed.

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