General News
‘Justice Must Be Equal’ — Minority Mounts Legal Challenge Against Wontumi Conviction
Ghana’s Parliamentary Minority has launched a strong legal and political challenge against the High Court’s conviction of New Patriotic Party (NPP) Ashanti Regional Chairman Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and Akonta Mining Limited, describing the judgment as constitutionally flawed and warning that it raises serious concerns about due process, judicial fairness and equal application of the law.
In a detailed statement dated July 20, 2026, and signed by Minority Leader Alexander Afenyo-Markin, the caucus insisted that its intervention was not intended to shield any individual from accountability but rather to defend constitutional governance and ensure that justice is administered fairly, transparently and without political bias.
The statement follows the High Court’s decision, delivered by Justice Audrey Kocuvie-Tay, which convicted Chairman Wontumi and Akonta Mining Limited on two counts each under the Minerals and Mining Act, 2006 (Act 703), as amended.
Minority Expresses Sympathy, Calls for Calm
The Minority extended its sympathies to Chairman Wontumi, his family, supporters and the NPP following what it described as the heavy burden imposed by the 20-year custodial sentence.
The caucus urged party supporters across Ghana and in the diaspora to remain calm and pursue lawful and constitutional means in expressing their dissatisfaction, warning against any acts of violence or disorder.
It further pledged to employ every available constitutional mechanism—including parliamentary oversight, legal advocacy and judicial processes—to challenge what it believes are significant legal defects in the judgment.
“Not an Attack on the Judiciary”
Although sharply critical of the ruling, the Minority emphasized that it continues to hold Ghana’s judiciary in high esteem.
According to the statement, questioning the legal reasoning behind a judgment should never be interpreted as an attack on judges or judicial independence.
The caucus stressed that appeals and public legal criticism are essential components of every constitutional democracy.
It also made clear that it was not questioning the personal integrity of Justice Audrey Kocuvie-Tay but believed the legal conclusions reached in the case deserved review by the appellate courts.
Minority Reaffirms Support for Anti-Galamsey Fight
The Parliamentary Minority reaffirmed its commitment to the fight against illegal mining, popularly known as galamsey.
It stated that it fully supports:
- Accountability for environmental crimes.
- Vigorous prosecution of illegal miners.
- Equal enforcement of mining laws irrespective of political affiliation.
However, it argued that anti-galamsey prosecutions must be carried out fairly, consistently and without political selectivity.
According to the caucus, no Ghanaian should receive immunity because of political affiliation, but neither should anyone become a target of politically motivated prosecution.
Alleged Denial of Right to Counsel
One of the central constitutional concerns raised by the Minority relates to what it describes as the denial of Chairman Wontumi’s right to legal representation of his own choosing.
The statement argues that before judgment was delivered, the High Court had been informed that Wontumi’s lead counsel was engaged in professional duties outside Ghana.
Despite this, the court proceeded to deliver judgment.
The Minority contends that Article 19(2)(g) of the 1992 Constitution guarantees every accused person the right to be defended by a lawyer of their own choice and that such a right cannot be limited except under exceptional circumstances after every reasonable accommodation has been exhausted.
The caucus believes that proceeding in the absence of lead counsel raises serious constitutional questions regarding Wontumi’s right to a fair trial.
Comparison with Tsatsu Tsikata Precedent
Drawing comparisons with the legal battle involving former Ghana National Petroleum Corporation Chief Executive Tsatsu Tsikata, the Minority argued that constitutional protections must apply equally regardless of political affiliation.
It recalled that Tsikata’s conviction was overturned by the Court of Appeal in 2016 after concerns were raised about due process and constitutional violations during his trial.
The statement maintained that if constitutional rights and the right to counsel were considered fundamental in Tsikata’s case, then the same standards must equally apply to Chairman Wontumi.
“If the right to counsel of choice mattered in 2003, it matters in 2026,” the statement declared.
Refusal to Refer Constitutional Questions to Supreme Court
Another major issue highlighted by the Minority concerns the trial court’s refusal to refer constitutional questions raised by the defence to the Supreme Court.
According to the statement, Wontumi’s legal team sought constitutional interpretation regarding provisions of the Minerals and Mining Act under Article 130 of the Constitution.
However, Justice Kocuvie-Tay ruled that the constitutional issues were sufficiently clear and therefore did not require referral to the Supreme Court.
The Minority argued that this decision itself amounted to constitutional interpretation, a function reserved exclusively for the Supreme Court.
The caucus cited the Supreme Court’s decision in the Ex Parte Zanetor Rawlings case, arguing that once a genuine constitutional question arises, trial courts are obliged to refer the matter to the apex court.
Legal analysts referenced by the Minority believe the refusal to make such a referral may amount to a jurisdictional defect capable of invalidating the entire proceedings.
Questions Over Corporate Liability
The statement also challenged the High Court’s decision to lift the corporate veil of Akonta Mining Limited and hold Chairman Wontumi personally liable for the company’s alleged conduct.
According to the Minority, piercing the corporate veil is an exceptional legal remedy that should only be exercised in limited circumstances after careful judicial analysis.
It argued that the basis upon which the court imposed personal liability deserves close scrutiny during the appellate process.
Allegations of Selective Justice
Beyond constitutional concerns, the Minority accused the State of selectively enforcing anti-galamsey laws.
The statement questioned why investigations reportedly ordered in July 2025 by Attorney-General Dr. Dominic Akuritinga Ayine into allegations involving Joseph Yamin and Yakubu Abanga have yet to result in prosecutions or court appearances.
It also referenced reports concerning alleged illegal mining activities linked to the Member of Parliament for Prestea Huni Valley at the Apinto concession, claiming no prosecutions have followed despite public allegations.
By contrast, the Minority noted that Chairman Wontumi’s prosecution moved swiftly and culminated in a 20-year custodial sentence.
The caucus further pointed to the case involving the Member of Parliament for Asutifi North, who was arraigned in November 2025 for allegedly obstructing an anti-galamsey task force and granted bail of GH¢150,000, highlighting what it described as inconsistencies in prosecutorial speed and severity.
According to the Minority, such disparities risk creating a public perception that justice is not being applied equally.
Constitutional Equality Before the Law
The Minority maintained that the alleged disparities violate the spirit of Article 17 of the 1992 Constitution, which guarantees equality before the law.
It argued that constitutional protections should never depend on political affiliation and warned that inconsistent prosecution could undermine public confidence in Ghana’s justice system.
Calls for Action
The Parliamentary Minority is calling for:
- A full appeal against Chairman Wontumi’s conviction.
- Judicial review of the alleged denial of counsel of choice.
- Review of the High Court’s refusal to refer constitutional questions to the Supreme Court.
- Publication of the Attorney-General’s enforcement record on illegal mining cases involving individuals across the political divide.
- Equal treatment of all accused persons regardless of political affiliation.
Broader Constitutional Implications
The caucus believes the Wontumi case has become a significant constitutional test for Ghana’s democracy.
It warned that unresolved jurisdictional concerns, questions over fair trial rights and allegations of selective prosecution could erode public confidence in both the judiciary and prosecutorial institutions if left unaddressed.
As appellate proceedings are expected to begin, the outcome of the case could shape future legal precedent regarding constitutional referrals, fair trial guarantees and prosecutorial discretion in politically sensitive cases.
The Minority concluded that its position is not a defence of illegal mining but rather a defence of constitutional governance, due process and equal justice under the law, insisting that every Ghanaian—regardless of political affiliation—is entitled to the full protection of the Constitution.
President John Dramani Mahama is hosting the African Union (AU) Extraordinary Session of the Assembly of Heads of State and Government in Accra from July 21 to 22, 2026, aimed at advancing Universal Health Coverage (UHC) and strengthening Africa’s response to major public health challenges.
The summit, themed “Advancing Justice, Equity and Universal Health Coverage: Ending AIDS, TB, Improving Maternal Health, Addressing Endemic Non-Communicable and Neglected Tropical Diseases and Conditions in Africa,” will bring together African Heads of State and Government, ministers responsible for health, finance and foreign affairs, officials of the African Union Commission, Regional Economic Communities, development partners, civil society organisations, youth representatives and private sector stakeholders.
According to the Presidency, the two-day meeting will focus on strengthening Africa’s health systems and accelerating the continent’s progress towards Universal Health Coverage.
The summit opens on July 21 with a Member State Experts Meeting, where senior officials from the Ministries of Health, Finance and Economic Planning will develop technical recommendations for consideration by ministers and Heads of State.
On July 22, the AU Assembly of Heads of State and Government will deliberate on and adopt key decisions, including a declaration aimed at accelerating the implementation of the African Union Roadmap to 2030.
The Presidency said Ghana’s hosting of the summit reflects President Mahama’s commitment to equitable healthcare delivery and his administration’s efforts to expand access to quality health services.
Key initiatives highlighted include the rollout of the Free Primary Health Care Programme, the uncapping of the National Health Insurance Scheme (NHIS) to improve access to essential healthcare, and the establishment of the Ghana Medical Trust Fund, popularly known as MahamaCares, to support Universal Health Coverage.
The government also pointed to ongoing investments in health infrastructure, workforce development, emergency preparedness and local pharmaceutical manufacturing as measures that align with the objectives of the summit.
A major side event will feature a Call to Action on Maternal, Newborn, Child and Adolescent Survival, led by the African Union Champion for Maternal and Child Health, President Samia Suluhu Hassan of Tanzania, in partnership with the Accra Reset initiative.
The Government of Ghana has welcomed all participating Heads of State, delegates and stakeholders, reaffirming its commitment to working with the African Union and member states to advance health equity and Universal Health Coverage across Africa.
Ghana continues to make progress in the fight against HIV, but the country still faces significant challenges, according to the 2025 National HIV Estimates Fact Sheet. The latest figures show that an estimated 337,435 people are currently living with HIV, while 13,951 new infections and 12,051 AIDS-related deaths were recorded nationwide.
The report indicates that adults aged 15 years and above account for 315,513 people living with HIV, representing the largest share of the epidemic. Children aged 0–14 years account for 21,922 cases, highlighting the continued need to strengthen paediatric HIV prevention and treatment programmes. Young people remain particularly vulnerable, with 33,317 people aged 15–24 years living with HIV.
Although Ghana has made notable strides in reducing mother-to-child transmission of HIV, the report reveals that new infections remain a public health concern. Of the 13,951 new infections, adults aged 15 years and above accounted for 12,724 cases, while 1,227 infections occurred among children under 15 years. Young people aged 15–24 years accounted for 3,835 new infections, demonstrating that adolescents and young adults continue to face a high risk of infection.
The country also recorded 12,051 AIDS-related deaths during the reporting period. Adults accounted for 10,533 deaths, while 1,518 children under 15 years lost their lives to AIDS-related illnesses. The figures suggest that despite improvements in treatment services, many people are still being diagnosed late or are unable to access sustained HIV care.
National HIV prevalence among adults aged 15–49 years stands at 1.4 percent, reflecting a relatively stable epidemic but one that continues to affect thousands of Ghanaians each year. Treatment coverage, however, remains below global targets. The report shows that only 57.6 percent of adults living with HIV are receiving antiretroviral therapy (ART), while 39.6 percent of children are on life-saving treatment.
One of Ghana’s strongest achievements remains the prevention of mother-to-child transmission of HIV. The country has attained 98.9 percent PMTCT coverage, indicating that nearly all pregnant women living with HIV are receiving interventions to prevent transmission to their babies.
The report also measures Ghana’s progress toward the global 95-95-95 targets, which aim for 95 percent of people living with HIV to know their status, 95 percent of those diagnosed to receive treatment, and 95 percent of those on treatment to achieve viral suppression. Ghana has currently achieved 70 percent for HIV status awareness, 81 percent treatment coverage among those diagnosed, and 92 percent viral suppression among those on treatment. While viral suppression rates are encouraging, the data indicate that more work is needed to improve HIV testing and expand treatment access.
The fact sheet also highlights significant variations in HIV prevalence across districts. Some of the highest prevalence rates were recorded in Lower Manya Krobo (5.08%), Korle-Klottey (4.54%), Upper Manya Krobo (3.71%), Accra Metropolitan (3.67%), Tema (3.38%), Berekum (3.35%), Dormaa East (3.27%), and Asokwa (3.25%). These findings underscore the need for targeted prevention and treatment interventions in communities with the highest HIV burden.
Health experts say the new estimates provide critical data for policymakers and health partners to strengthen HIV prevention programmes, increase access to testing and treatment services, and ensure that vulnerable populations—including children, adolescents, and young people—receive the care and support they need. Sustained investment in public education, early diagnosis, and universal access to treatment will be essential if Ghana is to achieve the global goal of ending AIDS as a public health threat by 2030.
Ghana has recorded a significant decline in new HIV infections and AIDS-related deaths, according to the 2025 National HIV Estimates and Projections Report released by the Ghana AIDS Commission (GAC).
The report indicates that new HIV infections reduced from 16,189 cases in 2024 to 13,951 cases in 2025, while AIDS-related deaths also declined from 13,429 to 12,051 during the same period, representing nearly a 14 per cent reduction.
Presenting the estimates in Accra on Monday, July 20, the Director for Research, Monitoring and Evaluation (RM&E) at the Ghana AIDS Commission, Isaiah Doe Kwao, said the improvement reflects the impact of sustained investments in HIV prevention, testing, treatment and care services across the country.
According to him, the figures show that Ghana’s HIV response is achieving meaningful results, although more work remains to be done to meet the goal of ending AIDS as a public health threat by 2030.
“Ghana’s HIV response is making progress, but we still have more work to do to reach epidemic control and ensure that no one is left behind,” Mr Kwao said.
The 2025 estimates revealed that approximately 337,435 people of all ages are currently living with HIV in Ghana.
Out of this figure:
- 315,513 are adults aged 15 years and above
- 21,922 are children below 15 years
The report also showed that 19,528 adolescents between the ages of 10 and 19 years are living with HIV, while young people aged 15 to 24 years account for 33,317 cases.
Speaking at the launch of the report, the Director-General of the Ghana AIDS Commission, Dr Kharmacelle Akanbong, stressed that preventing new HIV infections remains a major priority in Ghana’s fight against the epidemic.
He explained that every new infection increases the number of people who require lifelong treatment and healthcare support.
Dr Akanbong noted that although Ghana has made steady progress, achieving epidemic control will require further reductions in both new infections and AIDS-related deaths.
“Epidemic control means new infections and AIDS deaths must continue to come down. There should ideally be no new infections, although that is difficult to achieve. The objective is to reduce them to the lowest possible level,” he stated.
The GAC Director-General projected that with continued investment in prevention programmes, testing services and treatment coverage, new HIV infections could fall further from 13,951 in 2025 to about 6,430 by 2030.
He also projected that AIDS-related deaths could reduce from 12,051 in 2025 to approximately 4,893 by 2030.
The report further showed that Ghana’s adult HIV prevalence rate among persons aged 15 to 49 years has continued to decline, moving from 1.79 per cent in 2015 to 1.40 per cent in 2025, with projections indicating a further drop to 1.18 per cent by 2030.
Dr Akanbong attributed the decline in HIV prevalence to improved access to antiretroviral medicines, early treatment initiation and better retention of patients receiving HIV care.
However, he warned that challenges remain, especially in identifying people who are unaware of their HIV status, expanding access to testing services and ensuring a consistent supply of essential HIV medicines.
He called for stronger cooperation among government agencies, development partners, healthcare professionals and communities to sustain the progress made and bring Ghana closer to achieving the global target of ending AIDS as a public health threat by 2030.
Sourc:Citinewsroom
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