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‘Justice Must Be Equal’ — Minority Mounts Legal Challenge Against Wontumi Conviction

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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.

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FRIMPONG-BOATENG SPEAKS ON GALAMSEY — ‘ENFORCING ENVIRONMENTAL LAWS CARRIES POLITICAL COST’

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Former Environment Minister Prof. Kwabena Frimpong-Boateng has delivered a blunt assessment of Ghana’s prolonged battle against illegal mining, arguing that political calculations have repeatedly weakened efforts to protect the country’s rivers, forests and farmlands.

Speaking at the Fourth Annual Colloquium of the Department of Political Science Education at the University of Education, Winneba, Prof. Frimpong-Boateng said successive governments had introduced measures to tackle galamsey but struggled to sustain them.

‘THE POLITICAL COST FALLS ON THE ENFORCER’

Prof. Frimpong-Boateng argued that officials who enforce environmental laws often bear the political consequences, while those who fail to act face little or no cost.

He said this imbalance has contributed significantly to Ghana’s difficulty in defeating illegal mining.

“In Ghana, the political cost of enforcing environmental law falls on the enforcer, and the political cost of not enforcing it falls on nobody.”

ANTI-GALAMSEY SYSTEM WAS BUILT — THEN ABANDONED

The former minister recalled measures introduced between 2017 and 2018, including the ban on artisanal and small-scale mining, Operation Vanguard, district-level committees, miner training and systems to monitor mining concessions and excavators.

According to him, the measures initially produced visible results, with parts of the Pra River becoming clear and reports of fish returning to waters previously considered severely degraded.

He argued, however, that many of the safeguards were abandoned after the mining ban was lifted in December 2018.

GH¢21 BILLION? NO — $21 BILLION RESTORATION BILL

Prof. Frimpong-Boateng has also warned about the enormous financial cost of repairing the damage caused by illegal mining and other destructive activities.

He estimates that Ghana could require approximately US$21 billion to reclaim and restore degraded lands, with about 10% of the country’s surface area affected.

CALL FOR A NATIONAL ENVIRONMENTAL COMPACT

The former minister is proposing a National Environmental Compact to protect major environmental policies from being discarded whenever political power changes hands.

Under his proposal, any government seeking to abandon a major environmental commitment would have to explain the decision to Parliament and account for resources already invested in the policy.

He believes creating consequences for policy abandonment would make successive administrations more reluctant to sacrifice long-term environmental protection for short-term political considerations.

‘JAIL THOSE WHO APPROVE ILLEGAL PROJECTS’

Prof. Frimpong-Boateng has further called for personal criminal liability for public officials who approve developments in protected wetlands, watercourses, drainage channels and forest reserves.

His argument is that institutions cannot be imprisoned for unlawful decisions — the individuals responsible for approving them should face accountability.

THE GALAMSEY BATTLE CONTINUES

With Ghana still grappling with polluted water bodies, degraded farmlands and destroyed forest reserves, Prof. Frimpong-Boateng believes the country needs more than political promises and temporary interventions.

His latest intervention has once again shifted attention to the difficult question of political will, enforcement and accountability in Ghana’s fight against galamsey.

For Prof. Frimpong-Boateng, Ghana already knows many of the solutions. The real challenge is whether political leaders will have the courage to enforce them — and keep them in place.

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CHIEF JUSTICE COMMENTS STIR DEBATE — QUESTIONS RAISED OVER JUDICIAL IMPARTIALITY

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Chief Justice Paul Baffoe-Bonnie has come under intense public scrutiny after remarks about the performance of state institutions triggered concerns over the perceived political neutrality of Ghana’s Judiciary.

The controversy follows comments he made during visits to the Social Security and National Insurance Trust (SSNIT) and the Minerals Income Investment Fund (MIIF) on September 2, where he praised improvements under the current administration while questioning how some institutions had been managed over the previous eight years.

‘WHAT HAVE WE BEEN DOING?’

During his visit to MIIF, the Chief Justice expressed admiration for what he had seen and heard about the performance of some state institutions.

He questioned what Ghana had been doing over the previous eight years, remarks that were interpreted by critics as an implicit comparison between the current NDC administration and the previous NPP government.

His comments have since sparked a wider debate about whether the head of the Judiciary should publicly assess the performance of successive governments.

CDD-GHANA CALLS FOR RESTRAINT

The Ghana Center for Democratic Development (CDD-Ghana) has urged the Chief Justice to exercise the highest possible restraint and discretion in his public engagements.

The organisation warned that comments contrasting the current administration with its predecessor could create a perception of political bias and potentially affect public confidence in the impartiality of the Judiciary.

CRITICS TURN UP THE HEAT

The comments have also attracted criticism from political actors and public commentators.

The NPP has accused the Chief Justice of making political commentary and called on him to resign, while political activist and physician Dr Arthur Kobina Kennedy has argued that the remarks were inappropriate for the head of an independent arm of government.

Former Auditor-General Daniel Yaw Domelevo has also urged the Chief Justice to avoid commenting on political matters that could potentially become subjects of litigation, warning that such statements could create a perception of bias.

JUDICIAL SERVICE RESPONDS

Amid the growing controversy, the Judicial Service has defended the Chief Justice’s intentions.

Judicial Secretary Musah Ahmed said the observations were made “in good faith” and were not intended to undermine judicial independence. The Service further reaffirmed the Chief Justice’s commitment to the integrity and independence of the Judiciary and to justice and equality before the law.

THE BIGGER QUESTION

At the heart of the controversy is a delicate constitutional issue: how far can the head of Ghana’s Judiciary go in publicly commenting on political and governmental performance without creating the appearance of taking sides?

While the Chief Justice’s supporters may view his comments as observations on institutional performance, critics believe the language and comparisons risk blurring the line between judicial leadership and political commentary.

With calls for restraint growing and the Judicial Service standing by the Chief Justice’s intentions, the debate over judicial independence, perception and political neutrality is far from over.

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ACCRA–KUMASI EXPRESSWAY HITS MAJOR MILESTONE — GAF COMPLETES 175.6KM CORRIDOR CLEARING

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The Ghana Armed Forces has completed the right-of-way clearing for the proposed Accra–Kumasi Expressway, bringing the ambitious six-lane road project a major step closer to construction.

The military engineering team has cleared 175.6 kilometres of the corridor in 19 weeks, beating the original 20-week target by one week.

‘MISSION ACCOMPLISHED’

The completion marks a significant milestone in preparations for one of Ghana’s biggest infrastructure projects.

The Ghana Armed Forces was tasked with clearing the designated corridor to create the required right-of-way ahead of the next stages, including detailed engineering and construction. Defence Minister Kenneth Gilbert Adjei described the achievement simply as: “Mission accomplished.”

FROM 50% TO FULL CLEARING

The progress has been rapid.

As of June 25, only 89.5 kilometres, representing 50.9% of the corridor, had been cleared. By September 3, the figure had risen to 170 kilometres, leaving just six kilometres. The military has now completed the full 175.6-kilometre assignment.

$1.7 BILLION ALREADY SECURED

The government has also announced that US$1.7 billion has been deposited at the Bank of Ghana in a dedicated account for the project.

Finance Minister Dr Cassiel Ato Forson says the full funding required will be ready by the end of 2026 and insists that the project will not be financed through borrowing.

THE BIG ROAD PROJECT

The proposed expressway will stretch 176 kilometres between Accra and Kumasi and is designed as a six-lane, bidirectional highway.

When completed, it is expected to cut travel time between the two cities to roughly two hours, while improving road safety, easing congestion and reducing transportation costs. Plans also include modern interchanges, bridges, intelligent transport systems, electronic tolling, emergency response facilities and rest areas.

NEXT STOP: CONSTRUCTION

With the right-of-way clearing now completed, attention shifts to the next phase of the project.

Government had previously indicated that procurement for the main construction contract would commence in September, following the completion of feasibility studies and detailed engineering designs.

The corridor is cleared. The money is being lined up. The next big question is when the machines will finally move in.

Accra–Kumasi Expressway: Ghana’s mega-road project is edging closer to reality.

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ABLakwa GIVES AIRPORT VIP LOUNGE UPDATE — PROJECT SET FOR COMPLETION BY END OF 2026

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Foreign Affairs Minister Samuel Okudzeto Ablakwa says the ongoing ultramodern VIP Lounge at the Accra International Airport is progressing well and will be completed and handed over before the end of the year.

Ablakwa disclosed the update after inspecting the project on Friday, September 4, 2026, saying he was impressed with the pace and quality of work.

NO TAXPAYER MONEY USED

According to the Minister, the project is being delivered without drawing on taxpayer funds.

He explained that the financing model is based on corporate social responsibility contributions from local Ghanaian businesses, with participating companies paying contractors directly for various aspects of the project.

The Foreign Ministry’s Estate Bureau, he said, is responsible for supervising the works and ensuring that the required standards are maintained.

‘A GREAT SYMBOL OF WHAT CAN BE ACHIEVED’

Ablakwa described the initiative as an example of how private-sector partnerships can support major infrastructure projects without putting additional pressure on the public purse.

He said the arrangement has also allowed the project to proceed without conventional public procurement.

ULTRAMODERN FACILITY TAKING SHAPE

The VIP Lounge is intended to provide an upgraded facility for the reception and handling of dignitaries and other high-profile guests using the Accra International Airport.

Recent images from the project site show construction work nearing completion, with significant progress made on the facility.

HANDOVER EXPECTED THIS YEAR

With work advancing steadily, Ablakwa is confident the facility will be ready before the end of 2026.

The project has therefore become another closely watched development at Ghana’s main international gateway, with attention now turning to the final stages of construction and the eventual handover.

From funding to construction, Ablakwa says the project is moving without taxpayer money — and the new airport VIP experience could soon become a reality.

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WAEC RELEASES 2026 WASSCE RESULTS — OVER 512,000 CANDIDATES GET THEIR RESULTS

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The West African Examinations Council (WAEC) has officially released the provisional results of the 2026 WASSCE for School Candidates, with Social Studies recording the strongest performance among the four core subjects.

WAEC announced the release on September 5, 2026, following the examination which saw 512,862 candidates from 1,022 schools registered to participate. The figure represents an 11.07% increase over the 461,736 candidates who entered for the 2025 examination.

SOCIAL STUDIES LEADS THE CORE SUBJECTS

Social Studies emerged as the best-performing core subject.

A total of 393,918 candidates, representing 78.04%, obtained grades between A1 and C6.

English Language followed with 62.40%, while Integrated Science recorded 62.08%. Core Mathematics saw 60.75% of candidates obtaining A1-C6.

ENGLISH PERFORMANCE CONTINUES TO DROP

One of the major talking points from the results is the continued decline in English Language performance.

WAEC’s four-year analysis shows the proportion of candidates obtaining A1-C6 in English falling from 73.11% in 2023 to 69.42% in 2024, 69.00% in 2025 and 62.30% in 2026.

Meanwhile, Mathematics and Social Studies recorded significant improvement compared with 2025, while Integrated Science also improved.

8,295 CANDIDATES FACE SANCTIONS

The release has also been accompanied by serious examination-malpractice concerns.

WAEC cancelled the entire results of 861 candidates after they were found with mobile phones in examination halls. The Council also cancelled the subject results of 7,434 candidates for bringing foreign materials, including prepared notes and textbooks, into examination halls.

In addition, the subject results of 957 candidates and the entire results of 270 candidates have been withheld over suspected offences.

Results involving candidates from 169 schools have also been withheld over alleged collusion, with investigations ongoing. WAEC says decisions on those cases may be made by October 30, 2026.

HOW CANDIDATES CAN CHECK

WAEC says the results have been hosted online, with school heads receiving login details to access their candidates’ results.

Candidates can also check their individual results through the Council’s official results-checking platform. WAEC has warned the public against fraudsters who claim they can upgrade examination results for money.

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