On the front burner, is a matter on Chairman Wontumi, which has made Chairman Wontumi to be a victim of circumstances due to defective charges and very weak defense and led to the wrongful attack of the judgement of the respected and Honorable Judge.

So, the Chairman Wontumi’s Samareboi case has come to confirm why Dr Tony Aubyn and Retired Major Mohammed Bogobiri, have advocated for the Review of the laws on Mining, especially Small Scale Mining.

Before, the subject is expatiated, it is very important to, sound a word of caution to the members and the CEO of the Ghana Chamber of Mines, and hence including Ms Angela Atieh and her Adamus Gold Ltd and Mr Ibrahim Mahama and his Black Volta Project that they need not to sit aloof or unconcerned or rejoice with fate of Chairman Wontumi due to the defective charge of 14(1) used against Chairman Wontumi and using Section 99 to punish him.

They should note that Adamus Resources Ltd, with my Ghanaian Sister Ms Angela Atieh (formerly Mrs Angela List) as the main Director or owner is under investigation for what may be termed in law as assignment as at Section 14 (1). Google and Read. ‘The alleged illegal mining by Adamus Resources Nzima’ the wording of the illegal issues worth almost same or a worst one than that of Chairman Wontumi.

Also, they should note that a case of Mr Mr Ibrahim Mahama and Black Volta Project which is lingering or which is before an International Arbitration Tribunal for judgments in September 2026, so if Mr Ibrahim Mahama’s, claim that he now owns the Black Volta Mining Lease is ok, which Azumah Resources Ltd refuted his claim, the Matter is almost in the same as assignment or transfer at Section 14(1). Hence if true, Azumah Resources Ltd or, the parties violated Section 14 (1) of Act 703, hence, action to be taken against Azumah Resources Ltd or the two parties. If this is not the situation thus makes, Mr Ibrahim Mahama’s claim to be problematic. So the solution is amilcacable settlement.

So, Retired Major Mohammed, will not be pleased to see his dear Ghanaian sister, Ms Angela List go to prison, like Chairman Wontumi, if the allegation of illegal mining against Adamus Gold Ltd is confirmed to be true. Hence, this submission is to help correct the wrongs, otherwise she may suffer the same punishment, if the allegation is true. So, you need to understand the issues from the historical overview/perspectives. So take time to read through with an open mind, please.

The current Ghana’s mining Sector was introduced by the PNDC, which categorised it into two main mining sectors, namely the Large Scale Mining Sector and the Small Scale Mining Sector. This was as part of the Economy Recovery Program (ERP) and the associated Structural Adjustment Program of the 1980s. So, the Large Scale Mining Sector was established by the PNDC to attract Foreign Direct Investment (FDI) by the enactment of Minerals and Mining Law 1986 (PNDC Law 153).

Embedded in this law was a Galamasey law as Small Scale Mining at Section 77 of this PNDC Law 153. Please to understand this situation, do Google for Minerals and Mining law 1986 (PNDC Law 153) and read Section 77 and Google for Small Scale Mining 1989 (PNDC Law218) and read section 21 and you will surely come to the conclusion that the PNDC legalized Galamasey into Small Scale Mining

In 1989, the PNDC repealed Section 77 of Minerals and Mining law 1986 (PNDC Law 153) and by an idea of Formalization and Regularization of Small Scale Gold and replaced Section 77 of PNDC Law 153 with Small Scale Gold Mining Law 1989 (PNDC Law 218) for only citizens of Ghana.

To protect the environment, the NDC regime of President Rawlings enacted Environmental Protection Law 1999 (LI 1652) among others, on reclamation, as such a legal miner need to post or pay Reclamation Bond in US Dollars in EPA Escrow Account at Bank of Ghana.

In 2006, the Regime of President Kofour decided to combine the two strictly different mining Sectors into one Policy document and this gave birth to Minerals and Mining Act 2006 (Act 703). So Act 703 delineated or separated or structured the two main mining Sectors as follows (a) Large Scale mining to be governed from Section 1 to Section 80 and (b). Small Scale Mining to be governed by Section 81 which restricted Small Scale Mining matters to be governed by Section 82 to Section 99.

In 2012, the Regime of President Mills prescribed regulation to govern the two Mining Sectors with the Relevant Regulations. For the purpose of the Chairman Wontumi’s case the relevant, Regulations are (a). Minerals and Mining Licensing Regulations 2012 (LI2176) on matters among others on Mining lease and Small Scale Mining License and Support Services Regulations 2012 (LI2174).

Large Scale Mining is capital intensive; you need to demo minimum capital of not less than 600 Million US Dollars as recently required when applicants were bidding for Damang Gold Mine which led to E&P of MR Ibrahim winning the bid. Hence large Scale Mining was done normally done by the Multinationals like Goldfields Ghana Ltd, Tarkwa and they are granted with Mining Leases with not less than 30 years’ duration and subject to renewal for a further 30 years.

Small Scale Mining on the other hand, is restricted to Citizens of Ghana, who are to apply initially through the District Mining Committee under the Chairman of the DCE to register their proposed mining concession or mining rights for the approval of the Sector Minister based on the details at Section 82 to 93 or so.

If approved, they are granted 25hectares (or about 52 acres) concession and a mining license for five years subject to renewal as issued by the Sector Minister. So, note that the concession is granted by the District Mining Committee after publication of the 21 working days’ notice, calling for any objection by the Public, if no objection the application is sent to the Minerals Commission for further action for the issuance of Small Scale Mining License by the Minister.

The question to be answered by the Sector Minister or Chairman Wontumi, what type of Mining Rights was issued to him or Akonta Mining Company Ltd, is it Large Scale Mining or Small Scale Mining License?

What ever the answer is, some grievous fundamental errors were committed by the State with the charges, by failing to acknowledge the following (a) that Minerals and Mining Act 2006 (Act 703) is well structured to delineate Large Scale Mining from small scale mining. To the best of my knowledge supported by law he, Chairman Wontumi, held a legal or Small Scale Mining Rights or License for the affected area.

So, using Section 14(1) to prepare the charge has rendered the very respected or Honourable High Court Judge and Chairman Wontumi to be both victims of the serious blunders by the State or the State Prosecutor, since due to the defective charges, the Judge had the mistaken belief that Chairman Wontumi was on Large Scale Mining which is capital intensive.

The State should have noted that, by Act 703, Large Scale Mining is governed with section 1 to section 80, hence including the contentious Section 14 (1) with ofences and penalties at sections 106 to 108 and Small Scale Mining is governed by Section 82 to 99, as dictated at Section 81 of Act 703, which clearly stated that Sections 82 to 99 are restricted to Small Scale Mining.

To show this clear distinctions, Act 703 duly provided Section 14 (1) of Minerals and mining Act 2006 (Act 703) under Large Scale Mining Sector and state that ‘A mineral right shall not in whole or in part be transferred, assigned, mortgaged or otherwise encumbered or dealt in, in a manner without the prior approval in writing of the Minister.

The same Act 703 also duly provided at Section 88 of Act 703 under Small Scale Mining that no license is transferable, suggestion that it is possible to assign or allot to staff or family members for a tributer system as pertained in the Small Scale Mining Sector in Ghana and provided the licence is still held by the legal owner and the operations are under the control of the licensee herein Chairman Wontumi, who must account for the Minerals commission, total gold so obtained.

So, a holder of the Small Scale Mining License, hence Chairman Wontumi is required to be guided by Minerals and Mining Licensing Regulations 2012 (LI2176) on matters among others on Mining lease and Small Scale Mining License, Environmental Protection Law 1999 (LI 1652) among others on reclamation and maybe Minerals and Mining Support Services Regulations 2012 (LI2174), on support services by registered Service Provider.

Hence, for a transfer to be enforceable in a court, the transfer must be supported with a written document or by a documentary evidence by the third party. Since any transfer of estate or land should be documented and signed by both sides or the genuine Will owner, before it can be enforceable in a court as a transfer. This was not so, making the matter to be a problematic judgment. Since he said never transferred his Mining License. So the judgment should have gone in his favor

So the State erred with t he use of Section 14 (1) under Large Scale Mining with offences and punishment at sections 106 to 108. The State should have used Section 88 under small scale mining for a matter on transfer that is if really it was executed by him. The State and the High Court should note that the corresponding punishment against an offence at section14 (1) at section106 to 108, hence Large Scale Mining offences and Penalties is by only an Administrative Offence to be ruled by the Minister as Fines as at sections 106, 107 and 108, of Act 703 on offences.The Offender is liable to a fine not more than the Cedis equivalent of US Dollars five thousand

In 2021, the Minerals Commission organized a special training for judges, magistrates on the offences and penalties regime under Ghana’s minerals and mining act 2006 (Act 703). It was made clear on the state of affairs on the offences and penalties to the participants aside fine as provided at Sections 106 to 108, no matter of imprisonment. So let me assure my sister Ms Angela Atieh, that she is liable to only a fine, that is if Adamus Gold Ltd is found guilty of the alleged fences. To confirm, Google for ‘Special Training for Judges, Magistrates on the offences and penalties regime under Ghana’s minerals and mining act 2006 (Act 703).

Hence, this actions by the State negates Article 19(11) of the 1992 Constitution which states that “No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.” It may also be that the State just wanted to punish him, unfortunately, the charges are defective. Hence a serious procedure error. As such, the imprisonment of Chairman Wontumi with a wrong procedure needs to be revisited. He should get a very good lawyer. Lawyer Hon Mr Attakyeah Esq, may be ok.

Another problem is that the Civil Sector, has two type of offences namely (1). Criminal Offence and (2) Administrative Offence. The two are different based on the principle of in dubio pro reo means that when there is doubt, the decision must favour the accused. It works directly with the presumption of innocence and the rule that the State or the prosecutor must prove the guilt beyond a reasonable doubt.

The presumption of innocence as applicable to only in criminal offence, this does not imply for Administrative offence. In an Administrative offence, a separate penalty is imposed for each offence and not summing them in criminal offence.

Criminal Offence meaning a major act that harms society and breaks the criminal law, example theft, murder, rape etc, the prosecuting and sentencing authorities are separate, need to proof the guilt beyond reasonable doubt to be decided by a High Court or Military Court Marshal in the Military and by a full trial with the Court Marshal sharing the same powers of a High Court.

Criminal punishment include death, hard prison time, long jail stays, court fines, and the affected person leaves the prison etc. with a permanent criminal record.

On the other hand, Administrative Offence, meaning a minor breach of public rules or local rules to be decided by State Offices, the prosecuting and sentencing authority is the same person or are identical and not a criminal court, it only requires substantial evidence, often based on simple reports or direct checks without long trial.

Administrative Punishment include a cash fines, or warning, or cancellation or revocation of a special permit, and not allowed to hold any public office until after 10 years, no criminal record, against the person. Example ln the civil sector was the very sad Apiate Bogoso explosion disaster on 22 January 2022 involving a Service Provider in the mining sector.

For the tragic Appiate-Bogoso explosion, the government of Ghana punished the responsible company, Maxam$6 million total financial penalty ($1 million administrative fine for regulatory breaches and $5 million allocated toward support and damages), alongside a temporary suspension of their operating license etc.

So the alleged sin of Chairman Wontumi reportedly with a Mining license, if committed should have rather immediately attracted Administrative Punishment of revocation or cancellation or suspension of the mining right or license and an order to restore the place, if no reclamation bond posted with EPA/ Bank of Ghana for EPA to do so, that is failing on his part to act accordingly and this may not have contributed to the flooding as alleged.

Thus the Minister or Minerals Commission and EPA as Regulators also failed Ghana, by not monitoring the state of affairs. The Wontumi’s case was purely an administrative offence, so upon investigation by the Minister and found to have acted against Section small scale mining law say section 88, the applicable solution is a Section 250 and 251 of Minerals and Mining Licensing Regulations 2012 (2176) and not a Criminal Offence. The one who committed illegal mining is Mr Henry Okum., an unlicensed or unregistered Service Provider.

So, by Clause 11 of Article 19 of the Constitution, it was wrong by the Prosecution team to use Section 14 of Minerals and Mining Act 2026 (Act 703) which falls between Section 1 and Section 80, which are the sections which govern the Large Scale Mining Sector for an offence allegedly committed by a license Small Scale Miner, herein Chairman Wontumi, who operated in the Small Scale Mining Sector, which is duly governed with Section 81 to Section 99 with section 88 that indicate that ‘ a license granted under section 82 (1) may be transferred only to a citizen and with the consent of the Minister’ the catch word is not transferable , so the word assignment from Section 14 (1) in the charge sheet is totally alien to the Small Scale Mining Sector. So the citing Section 99 of Act 703 as the corresponding punishment is technically and fundamentally very wrongly.