THE REPUBLIC v. BERNARD ANTWI BOASIAKO @ WONTUMI & 2 ORS
July 20, 2026
HIGH COURT OF JUSTICE (CRIMINAL COURT 4)
GHANA
CORAM
- HER LADYSHIP JUSTICE AUDREY KOCUVIE – TAY
Areas of Law
- Criminal Law and Procedure
- Corporate Law
July 20, 2026
HIGH COURT OF JUSTICE (CRIMINAL COURT 4)
GHANA
CORAM
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The Accused persons are a company (A3) and two gentlemen alleged to be its shareholders and directors. They were arraigned on 7th October, 2025 for the following offences:
Statement of Offence:
Assignment of mineral rights without approval, contrary to Section 14(1) and Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Particulars of Offence: BERNARD ANTWI BOASIAKO, alias WONTUMI, 49 years old, entrepreneur; that you, in the year 2024, in Samreboi in the Western Region and within the jurisdiction of this Court, being the owner and controlling director of AKONTA MINING COMPANY LIMITED did, without first obtaining the prior written approval of the Minister, permit HENRY OKUM and MICHAEL GYEDU AYISI to undertake a mining operation within the mining concession which was granted to the said AKONTA MINING COMPANY LIMITED only.
Statement of Offence:
Assignment of mineral rights without approval, contrary to Section 14(1) and Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Particulars of Offence: KWAME ANTWI, at large; that you, in the year 2024, in Samreboi in the Western Region and within the jurisdiction of this Court, being a director of AKONTA MINING COMPANY LIMITED did, without first obtaining the prior written approval of the Minister, permit HENRY OKUM and MICHAEL GYEDU AYISI to undertake a mining operation within the mining concession which was granted to the said AKONTA MINING COMPANY LIMITED only.
Statement of Offence: Assignment of mineral rights without approval, contrary to Section 14(1) and Section 99(2)(b) of the Minerals and Mining Act, 2006 (Act 703) as amended by Section 3 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Particulars of Offence: AKONTA MINING COMPANY LIMITED, that you, in the year 2024, in Samreboi in the Western Region and within the jurisdiction of this Court, being incorporated with the object of engaging in mining and exploration did, without first obtaining the prior written approval of the Minister, permit HENRY OKUM and MICHAEL GYEDU AYISI to undertake a mining operation within the mining concession which was granted to you only.
Statement of Offence: Purposely facilitating an unlicensed mining operation, contrary
AI Generated Summary
Bernard Antwi Boasiako (1st accused) and Akonta Mining Company Limited (3rd accused) were tried before the High Court of Ghana on charges of assigning mineral rights without prior ministerial approval and purposely facilitating unlicensed mining operations contrary to the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995. The Republic provided evidence that the 1st accused allowed Henry Okum and Michael Gyadu Ayisi to conduct mining and land reclamation activities on the 3rd accused's concession in the Samreboi Forest without obtaining the requisite licenses. The court relied on circumstantial evidence to reject the defense that the permission was solely for land reclamation. Additionally, the court pierced the corporate veil, concluding that the 1st accused was the de facto mineral rights holder due to the complete lack of corporate governance. Consequently, the court found the 1st and 3rd accused persons guilty on all respective counts. The 1st accused was sentenced to 20 years imprisonment in hard labor and fined, while the 3rd accused faced substantial fines, and items seized from the concession were ordered to be forfeited to the State.