By Kafui Agbleze
Introduction
Mining plays a crucial role in Ghana’s economy, but illegal mining widely referred to as galamsey poses serious threats to the environment, water bodies, and the rule of law. In response, Ghana has developed a comprehensive legal framework that criminalizes unlicensed mining activities.
The high-profile case involving Bernard Antwi Boasiako, popularly known as Chairman Wontumi, has intensified public interest in these laws. He is facing allegations of mining without a valid licence through his company, Akonta Mining Limited, and is accused of operating in a forest reserve and polluting the environment.
This article explores the relevant laws that criminalize mining without a licence, outlines the offences and penalties, and discusses how these apply to the pending charges against Chairman Wontumi.
Legal Framework Governing Mining in Ghana
Ghana’s primary law on mining is the Minerals and Mining Act, 2006 (Act 703), which regulates all aspects of mineral rights, licensing, and compliance. Section 99 of this Act, particularly after being amended by the Minerals and Mining (Amendment) Act, 2015 (Act 900) and the Minerals and Mining (Amendment) Act, 2019 (Act 995), establishes clear offences for engaging in mining operations without a valid licence.
The 2019 amendment (Act 995) significantly increases the penalties for such offences, introducing mandatory minimum sentences of 15 years imprisonment, along with substantial fines.
Additionally, the Small-Scale Gold Mining Law of 1989 (PNDCL 218), though now largely absorbed into Act 703, originally regulated artisanal and small-scale mining. It made it illegal to engage in such mining without a permit and prohibited the unlicensed sale of gold.
Environmental concerns are covered under the Environmental Protection Agency Act, 1994 (Act 490), which requires mining companies to obtain environmental permits and imposes penalties for pollution, land degradation, or destruction of water bodies.
Further, the Forestry Act and accompanying wildlife and protected area regulations prohibit any mining activity in forest reserves unless explicitly authorised. Encroaching on protected areas like the Tano Nimiri Forest Reserve, as alleged in the Wontumi case, is an offence under these laws.
Finally, Section 107 of Act 703 creates personal liability for company directors or officers where a company commits an offence under the Act making individual accountability central to enforcement.
Offence of Mining Without a Licence
Under Section 99(2) of the Minerals and Mining Act (as amended), any person who undertakes a mining operation without a valid licence “commits an offence and is liable on conviction to a fine of not less than ten thousand penalty units and not more than fifteen thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty-five years or both.”
The law also criminalises:
Facilitating or financing illegal mining operations;
Trading in minerals without a licence or proper authorisation;
Buying or selling gold or other minerals unlawfully.
Foreign nationals convicted of illegal mining face stiffer penalties, including mandatory deportation after serving their sentence.
The Chairman Wontumi Case: Allegations and Legal Exposure
Chairman Wontumi, through his company Akonta Mining Limited, is accused of conducting mining operations within the Tano Nimiri Forest Reserve without the appropriate legal licences. In addition, he is alleged to have caused environmental damage, including the pollution of nearby water bodies. Ghana’s Criminal Investigations Department (CID) has questioned him, and charges have reportedly been filed.
Alleged Offences and Applicable Legal Provisions
Operating in a forest reserve without authorisation is an offence under Ghana’s Forestry laws and may lead to prosecution under environmental and mining statutes.
Mining without a valid licence directly violates Section 99 of Act 703, as amended by Acts 900 and 995.
Pollution of water bodies and land degradation could result in additional charges under the Environmental Protection Agency Act and Water Resources legislation.
Continuing operations after lease revocation, if proven, may amount to further non compliance with mining regulations.
As a director and officer of Akonta Mining, Wontumi could be held personally liable under Section 107 of Act 703.
Penalties If Convicted
Should the allegations be proven, Chairman Wontumi could face:
A minimum of 15 years’ imprisonment, and up to 25 years, under Section 99(2);
A fine of between 10,000 and 15,000 penalty units, which could amount to hundreds of thousands of cedis;
Seizure and forfeiture of equipment, proceeds, and possibly land used in illegal mining;
Revocation of existing mineral rights or leases, as reportedly already occurred in this case;
Disqualification from serving as director of a mineral-related enterprise.
Legal Defences and Points of Dispute
Chairman Wontumi has denied any wrongdoing, claiming that his company operated within the law. He has argued that:
1. Akonta Mining had valid leases;
2. The company never entered or operated in a protected forest reserve;
3. He engages only in “responsible” mining, not illegal small-scale mining or galamsey.
However, statements from the Minerals Commission and Ministry of Lands and Natural Resources suggest that no valid mining lease existed for the company to operate in the Tano Nimiri Forest Reserve. If proven, this would directly contradict his defence and support the charges under Section 99.
The strength of the prosecution’s case will likely depend on documentary evidence, site inspections, satellite imagery, and testimony from regulatory authorities.
Corporate Liability Under Act 703
Under Section 107 of the Minerals and Mining Act, any director, officer, or person acting in an executive capacity in a company that commits an offence may be deemed to have committed that offence as well, if it is shown they authorised, permitted, or participated in the illegal activity.
This provision means that even if Chairman Wontumi was not physically present at the mining site, he may still be criminally liable if he was involved in directing or approving the operations.
Conclusion
The offence of mining without a licence is one of the most severely punished economic crimes under Ghanaian law, especially after the 2019 amendments. The Chairman Wontumi case serves as a critical test of Ghana’s commitment to enforcing mining laws without political bias.
If prosecuted successfully, the case could set a precedent for how the law treats politically influential individuals in the mining sector. If not, it may deepen public perceptions of selective justice.
Regardless of outcome, the case underscores the need for transparency, proper documentation of mining leases, and rigorous enforcement of environmental protections.
Nuworza medo ooo Kafui Agbleze