NPP Chairman Seeks Supreme Court Interpretation of Mining Law Amidst Charges

Bernard Antwi-Boasiako, the Ashanti Regional Chairman of Ghana's New Patriotic Party (NPP), is asking the High Court in Accra to refer provisions of the Minerals and Mining Act to the Supreme Court for interpretation. Antwi-Boasiako faces charges for allegedly leasing his mining concession at Samreboi in the Western Region without proper approval.

His legal team, led by Mr. Samuel Atta Akye, contends that if the High Court does not refer the case, it should acquit and discharge his client. This argument is detailed in a 50-page written address submitted to the court, which is scheduled to deliver a judgment on July 20.

The core of the defense's request is for the Supreme Court to determine if Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), which underpins the charges, is legally vague, overly broad, and inconsistent with Article 19(11) of the 1992 Constitution. If deemed unconstitutional, the defense argues, it should be nullified.

Antwi-Boasiako, who is also seeking to become the National Chairman of the NPP, has pleaded not guilty to charges of assigning mineral rights without approval and facilitating unlicensed mining operations. The Office of the Attorney General has brought criminal charges against him and Kwame Antwi, a director of Akonta Mining, who is reportedly on the run.

The prosecution presented four witnesses against Antwi-Boasiako and Akonta Mining. One witness, a small-scale miner named Henry Okum, testified to having a verbal agreement with Antwi-Boasiako for mining on his concession. The court had previously dismissed Antwi-Boasiako's submission of a case to answer, requiring him to open his defense.