A mining consultant, Ing. Wisdom Edem Gomashie, has weighed in on the ongoing Akonta Mining trial involving Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, arguing that the case exposes significant gaps in Ghana’s mining regulatory enforcement.
In a detailed analysis, Ing. Gomashie explained that under Ghana’s mining laws—particularly Regulations 34 to 44 of L.I. 2182—the mine manager holds primary responsibility for operational, safety, and environmental compliance, rather than the leaseholder.
He therefore questioned the state’s decision to drop charges against Akonta Mine’s manager while proceeding against the leaseholder, suggesting that such an approach could either bolster Wontumi’s legal defence or fuel perceptions of political interference in the case.
Read below the full analysis:
ON CHAIRMAN WONTUMI’s TRIAL AND WHY I AM CONVINCED THE STATE WILL LOSE THE CASE OR ABANDON IT
1. I am not a Lawyer but a Professional in the field of Mining. So pardons if I don’t make legal sense, but common sense.
2. I personally believe any evidence against anyone who perpetuates any form of illegal mining should be dealt with by the law and punished accordingly….
3. I keep following the trial and least hear of the STATE REGULATORY INSTITUTIONS involved in the regulation of mining in the country; A GOOD AREA FOR WONTUMI’s Lawyers….
4. I was shocked when the Attorney General’s Department indicated that, the Manager of Akonta Mines would be pardoned with cases against him dropped to testify against Chairman WONTUMI….Like Wow……
MY POV AND WHY I BELIEVE WONTUMI WILL GO FREE BY WINNING THE CASE OR GOVERNMENT DROPPING THE CASE OR MAY BE PERSECUTED
1. Regulation 34 of the Minerals and Mining (Health, Safety and Technical), Regulations, 2012, LI 2182 impressed upon the holder of a mining lease (in this case Chairman WONTUMI) to appoint a Manager to be in charge of the mining site.
2. Regulation 35 of LI 2182 further indicates that, the manager of the mine shall control the workings of the mine and is responsible for the enforcement of these regulations in relation to the Mine…
3. As a Mining Engineer with my experience Supra regulations 34 & 35 above, the Manager of the Mine is responsible for everything operations, health, safety and environmental controls and management on the site….
4. Regulation 40 of LI 2182 further stipulates that, where the regulations require the performance of a function or impose a duty in relation to work in a mine and does not specify the person to perform the functions of that duty, the manager is responsible for the discharge of that function…
5. Regulation 42 of LI 2182 further places 3 health, safety and environmental control roles on the Manager of the Mine, to among others provide for the safety and health, proper discipline of persons employed and the protection of the environment in the Mine.
CONCLUSION
1. Reading through regulations 34 – 44 of the Minerals & Mining Regulations (Health, Safety, Technical) 2012, LI 2182, it is quite surprising to exonerate the MANAGER OF THE MINE with above functions as accorded him or her by a Legislative Instrument and rather go after the MINE LEASEHOLDER (not to say he is above the law)…
2. There have been tons of mining regulation abuses in this country that have seen several sanctions from the Chief Inspector of Mines over the years meted to employees of Mines (Demotion, Suspension, Fines etc) and yet to see one Precedent where the holders of the lease were brought before courts to account for what their technical staff were to do(not to say they are above the law…
3. From the 2001 Cyanide Spillages of Goldfields Ghana Limited which polluted river Assuman heavily; The Cyanide Spillage of Terbrebie Goldfields in 1996 which polluted Angonaben stream of River Bonsa and Newmont’s Ghana Limited’s Cyanide Spillages which polluted river Asunua among many other infractions in the sector were handled by law and appropriate sanctions applied without THE FORM OF attacks we seeing today…..
4. I am optimistic that, this trial will help strengthen regulation of mining regulations in Ghana.
RECOMMENDATIONS
1. The Attorney General should be advised to handle this trial by the dictates of the Law.
2. Any move to exonerate the Manager of the Mine shall make Chairman Wontumi’s case very strong in my opinion and in the face of the Law.
3. Chairman Wontumi may walk away clean in the face of the Law or may be subjected to Political Persecution.
4. Regardless the outcome, our mining law enforcement regime must be tightened.
