Calls have been made for the arrest and prosecution of the directors and other executives of Akonta Mining Limited owned by the New Patriotic Party’s Ashanti Regional Chairman, Bernard Antwi Boasiako nicknamed “Chairman Wontumi”.
Government is currently prosecuting a Chinese woman, Aisha Huang and three other Chinese nationals, Johng Li Hua, Huang Jei and Huaid Hai Hun, over a similar matter.
This follows the Ministry of Lands and Natural Resources’ directive to the Forestry Commission to immediately halt the activities of Akonta Mining Limited’s operation in the Nimri Tano forest reserve in the Amenfi West Municipality of the Western Region.
But ,Clement Apaak, Member of Parliament (MP) for Builsa South, has asked the Lands Ministry to go beyond simply ordering Akonta Mining Limited to halt operations in the Tano Nimiri Forest in the Western Region.
Deputy Ranking Member on the Mines and Energy Committee of Parliament, has said that mining company, Akonta Mining Limited breached the law when they moved their activities into the Tano Nimiri Forest Reserve.
According to John Jinapor, the fact that the company has a prospecting license, does not give it the right to move into forest reserves.
Pressure group OccupyGhana, also told Minister of Lands and Natural Resources, Samuel Abu Jinapor, to go beyond merely asking the directors and officers of Akonta Mining Limited to stop all mining activities within the Tano Nimiri forest reserve and arrested them for breaching Act 703.
In OccupyGhana’s view, however, the ministry and state authorities must go beyond the stop order.
“If the company is engaged in the activities that you have alleged, then it is committing an offence that is punishable by fines and prison terms between 15 and 25 years. Specifically, section 99(2)(a) of Act 703 provides that: ‘A person who, without a licence granted by the Minister, undertakes a mining operation contrary to a provision of this Act, … commits an offence and is liable on summary conviction to a fine of not less than ten thousand penalty units and not more than fifteen thousand penalty units and to a term of imprisonment of not less than fifteen years and not more than twenty-five years’”, the group said.
A statement from the ministry said, while the mining company has a lease to undertake mining operations in some parts of Samreboi, the company has no mineral right to undertake any mining operations in the Tano Nimiri forest reserve.
“Records available to the Ministry, show that while Akonta Mining Ltd has a mining lease to undertake mining operations in some parts of Samreboi, outside the Forest Reserve, the company has no mineral right to undertake any mining operations in the Tano Nimiri Forest Reserve.”
The Ministry, said its records show that Akonta Mining Ltd, on August 25, 2022, applied for a Mining Lease to undertake mining operations in the said Forest Reserve.
“By a Ministerial Directive, all reconnaissance, prospecting, and/or exploratory activities in Forest Reserves in the country are suspended, except in exceptional circumstances. Although this directive does not affect mining in Forest Reserves, Akonta Mining Limited’s application has not been determined.”
It pronounced all activities being undertaken by the company in the Forest Reserve, as illegal.
The Lands Minister, further directed the Forestry Commission to ensure that the company does not carry out any operation in the forest and to take the necessary action against any person found culpable in the matter.
“The Ministry of Lands and Natural Resources remains committed to the fight against illegal mining, with integrity and transparency, and assures the general public that it will continue to work with the relevant agencies and all stakeholders to come to grips with this age-old galamsey menace,” the statement added.
Deputy Ranking Member on the Mines and Energy Committee of Parliament speaking on Newsfile, explained that mining firms need other permits, including environmental permits aside from their prospecting licenses; adding that forest reserves have been excluded from mining activities.
“So clearly there is some blatant disregard for the law by some people who feel untouchable. Let’s face it, but for the fact that Chairman Wontumi was the Ashanti Regional Chairman of the NPP, could he have moved into the forest and start degrading it the way he was doing?” he quizzed.
Mr Jinapor added that “what Akonta mining was doing there (Tano Miniri Forest Reserve) is illegal so his firm has breached the law. This Akonta Mining has been there for a long time, it is not yesterday. I have seen videos…the chiefs have been complaining but the man feels that he is big, he is above the law, he has some political wit and so he can do what he wants.”
Clement Apaak, believes that the Ministry, should take action to arrest and prosecute Bernard Antwi Bosiako and anyone else involved since the company in question is conducting mining operations in violation of the Mining Act.
As a result, he wants the police and the Attorney-General, to conduct additional investigations and prosecute the company and its directors and officers.
The Lands Ministry’s order came after two people were shot at Samreboi in the Western Region after a group of youth allegedly prevented Akonta Mining Limited personnel from sending more mining equipment into the Tano Nimri Forest reserve.
Dr Apaak stated that the directive was insufficient and that the company’s directors, including an NPP party official, should be prosecuted and punished.
“Wontumi is mining in a forest reserve, arrest and prosecute him, you are directing that his company be made to cease forthwith by the same Forestry Commission which has looked on. Is he above the law? What fight, it’s a hoax, party hia sika!”
OccupyGhana’s noted: “The company’s directors and officers would also be culpable because under section 107(1)(a) of Act 703, ‘Where an offence is committed under this Act or under Regulations made under this Act by a body of persons, in the case of a body corporate …, each director or an officer of the body shall also be considered to have committed the offence’”.
“We, therefore, demand that you forthwith refer the facts and evidence in your possession that show that the said mining company is undertaking mining operations in breach of the Act, to the police and the Attorney General for further investigations and prosecution of the company and its directors and officers”.
OccupyGhana’s letter was copied Attorney-General & Minister of Justice, the Inspector-General of Police, the Chief Executive of Minerals Commission and the Chief Executive of Forestry Commission.
Read OccupyGhana’s full statement below:
Re: Minister Directs Forestry Commission to Halt Akonta Mining Limited’s Operations in the Tano Nimiri Forest Reserve
Just two days ago, on 28 September 2022, we wrote an open letter to the President to ‘ensure that the law, namely the Minerals and Mining Act, 2006 (Act 703), as amended, is enforced without fear and favour and irrespective of whose ox is gored.’
Today, we have seen a press release from your ministry, stating that you have directed the Forestry Commission to halt the mining operations of a company called Akonta Mining Limited in the Tano Nimiri Forest Reserve.
You state that the basis for this directive is that the said company is undertaking the mining operations without a mining lease (we have attached a copy of your press release to this letter, for ease of reference.)
While congratulating you on this step, we would be taken aback if that was all you did.
If the company is engaged in the activities that you have alleged, then it is committing an offence that is punishable by fines and prison terms between 15 and 25 years. Specifically, section 99(2)(a) of Act 703 provides that: ‘A person who, without a licence granted by the Minister, undertakes a mining operation contrary to a provision of this Act, … commits an offence and is liable on summary conviction to a fine of not less than ten thousand penalty units and not more than fifteen thousand penalty units and to a term of imprisonment of not less than fifteen years and not more than twenty-five years.’
The company’s directors and officers would also be culpable because under section 107(1)(a) of Act 703, ‘Where an offence is committed under this Act or under Regulations made under this Act by a body of persons, in the case of a body corporate …, each director or an officer of the body shall also be considered to have committed the offence.’
We, therefore, demand that you forthwith refer the facts and evidence in your possession that show that the said mining company is undertaking mining operations in breach of the Act, to the police and the Attorney General for further investigations and prosecution of the company and its directors and officers.
We are copying the Attorney General, Inspector-General of Police, Minerals Commission, and Forestry Commission on this letter and demanding that they take immediate steps to enforce the law.
Yours in the service of God and Country
OccupyGhana
