Inside Wontumi's motion for bail pending appeal in Akonta Mining conviction

Chairman Wontumi is asking the High Court to release him on bail while he challenges his conviction and 20-year prison sentence in the Akonta Mining case.

The Ashanti Regional Chairman of the New Patriotic Party, whose real name is Bernard Antwi-Boasiako, filed the application through his lawyers on August 6, 2026.

The application has been fixed for hearing on August 19, 2026.

Wontumi is currently serving his sentence at the Nsawam Medium Security Prison after he was convicted on July 20, 2026, by Justice Audrey Kocuvie-Tay.

The court found him guilty of assigning Akonta Mining’s mineral concessions to a third party without prior approval from the Minister.

In addition to the custodial sentence, the court imposed a fine of GH¢120,000 on him and GH¢180,000 on Akonta Mining Company Limited.

The two fines amount to GH¢300,000.

His legal team, led by Samuel Atta Akyea, has already filed an appeal against both the conviction and the sentence.

In the bail application, the lawyers argue that the appeal raises serious legal and constitutional questions with strong prospects of success.

They contend that the trial was wrongly decided and that there are exceptional circumstances that justify his release while the appeal is pending.

According to the affidavit in support, the appeal challenges the trial judge’s interpretation of the Minerals and Mining Act, 2006, Act 703, as amended.

The lawyers argue that Sections 13 and 46 of the Act should have been read together and that, properly interpreted, they support Wontumi and Akonta Mining’s innocence.

They also maintain that the case raises constitutional questions under Article 19 of the 1992 Constitution.

The defence claims the trial judge wrongly dealt with constitutional interpretation issues that should have been referred to the Supreme Court under Article 130.

The affidavit also challenges the attribution of criminal liability to Wontumi despite Akonta Mining’s separate legal personality.

According to the lawyers, the conviction was contrary to settled principles of company law and criminal responsibility.

Wontumi’s lawyers further argue that he is not a flight risk.

They say that while he was on bail during the trial, he complied fully with the bail conditions, attended court whenever required and did not interfere with any witness or obstruct the proceedings.

The affidavit states that he has strong ties to Ghana, including family, business, professional and community obligations.

It also gives his fixed place of abode as House No. MA 224, Asafo, Kumasi, in the Ashanti Region.

The lawyers say his release will also allow him to properly assist in the preparation and prosecution of the appeal.

They argue that his continued detention makes it difficult for him to confer freely with his lawyers, especially because he sat through the trial and is needed to help review the proceedings.

The affidavit further states that Wontumi is standing trial in two other criminal cases and that his presence is necessary for those proceedings as well.

His lawyers say there are credible persons of good character and sufficient means who are ready to stand as sureties if bail is granted.

They also say he is willing to comply with any conditions the court may impose.

The defence maintains that the State will suffer no prejudice if bail is granted.

It argues, however, that Wontumi will suffer serious prejudice if he remains in prison while pursuing an appeal that raises substantial legal issues.

“The balance of justice overwhelmingly favours preserving the Applicant’s liberty pending the determination of his appeal,” the affidavit stated.

The court will hear the application on August 19, 2026.