Former Senior Presidential Aide and Head of the Policy Evaluation and Oversight Unit, Dr. Tony Aidoo, has described the conviction and sentencing of NPP Ashanti Regional Chairman, Bernard Antwi Boasiako, popularly known as Chairman Wontumi, as a powerful reminder that no individual is above Ghana’s environmental laws.
Speaking on Gold Morning Conversation with Sena Numbo, Dr. Aidoo argued that the conviction was not simply about illegal mining but about the legal responsibility that accompanies the grant of a mining concession.
According to him, every concession holder owes a fiduciary duty to the State to preserve the ecological integrity of the land entrusted to them.
“Chairman Wontumi had a fundamental duty to protect the ecological environment of the concession. He held that concession not as an absolute right but a conditional one. You enjoy rights, but you also assume responsibilities,” he said.
Dr. Aidoo maintained that once evidence of environmental degradation became apparent, the concession holder had a legal obligation to intervene.
He argued that Ghana’s mining laws make any person who facilitates illegal mining equally culpable as those directly carrying out the destruction.
“If you facilitate illegal mining, you are equally guilty as the person doing the physical degradation,” he stated.
The former Ghanaian Ambassador to the Netherlands rejected suggestions that the conviction was politically motivated or based solely on circumstantial evidence.
He described claims that Chairman Wontumi was a “political prisoner” as legally untenable, arguing that the failure to prosecute other suspects cannot serve as a defence against an individual criminal conviction.
“So there are many thieves stealing, and you are caught stealing, then you say you are not guilty because others have not been brought to justice. What kind of defence is that?” he questioned.
Responding to criticism that the actual miners were not prosecuted, Dr. Aidoo explained that Ghana’s criminal justice system permits plea bargaining, allowing prosecutors to rely on the testimony of cooperating witnesses to secure convictions in more serious cases.
He said such legal arrangements are recognised under Ghanaian law and often play a critical role in successful prosecutions.
While acknowledging Chairman Wontumi’s right to appeal, Dr. Aidoo said he found no obvious legal flaw in the judgment delivered by the trial court.
He argued that circumstantial evidence is admissible where it logically supports the conclusion reached by the court, adding that the conviction reflected what he described as a “gross dereliction” of the concession holder’s duty to protect the environment.
Dr. Aidoo said the conviction should mark the beginning of a more aggressive national campaign against illegal mining.
He called on President John Dramani Mahama to ensure the law is applied equally to all offenders, irrespective of political affiliation, while intensifying efforts to combat galamsey, which he described as a direct threat to public health and national survival.
“They are polluting our waters. They are killing us. They are criminals. It is about time President Mahama seriously intensified the fight against galamsey,” he said.
Dr. Aidoo concluded that Chairman Wontumi’s imprisonment should stand as a national warning that anyone who destroys Ghana’s natural environment will ultimately be held accountable under the law.
