Lawyers for Ashanti Regional New Patriotic Party Chairman Bernard Antwi-Boasiako, widely known as Chairman Wontumi, have asked the Accra High Court to refer key provisions of Ghana’s mining law to the Supreme Court for constitutional interpretation or, alternatively, acquit and discharge him in the ongoing Samreboi illegal mining case.
The request was made in a written submission filed ahead of the court’s scheduled judgment on July 20.
The defence team, led by former Attorney General Samuel Atta Akyea, argues that the legal provisions forming the basis of the charges against their client are unconstitutional.
According to the lawyers, Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), which deals with the assignment of mineral rights, and Section 99(2)(b) of the same Act, as amended by the Minerals and Mining (Amendment) Act, 2019 (Act 995), fail to meet the constitutional standard required for criminal offences.
They contend that the provisions are vague, overly broad and inconsistent with Article 19(11) of the 1992 Constitution, which guarantees the right to a fair trial by requiring criminal offences and their penalties to be clearly defined in written law.
The defence is therefore asking the High Court to refer the constitutional questions to the Supreme Court for interpretation before proceeding further with the case. Alternatively, the lawyers want the court to acquit and discharge Chairman Wontumi if it declines to make the referral.
The High Court is expected to deliver its judgment on July 20.
