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Atta Akyea slams judge's interpretation of mineral rights assignment in Wontumi case

Wontumi And Atta Akyea, Samreboi.jpeg Samuel Atta Akyea is the lead defence counsel for Chairman Wontumi

Sat, 25 Jul 2026 Source: www.ghanaweb.com

Lead Defence Counsel for Chairman Wontumi, Samuel Atta Akyea, has criticised the trial judge's interpretation of the law on the assignment of mineral rights, arguing that it forms one of the key grounds for the appeal against his client's conviction.

Speaking on NewsFile on July 25, 2026, Atta Akyea contended that the judge erred by treating the complainants' presence and activities on the mining concession as evidence of a legal assignment of mineral rights.

According to him, the assignment of a mineral right is a formal legal process that must be in writing and approved by the sector minister, not based on an oral understanding.

"With the greatest respect to the judge, her understanding of the assignment of mineral rights is self-defeatist," he said.

Atta Akyea argued that no written assignment existed in the case, describing the arrangement as merely an oral agreement under which the complainants were asked to reclaim the land and plant coconut seedlings, with any future proceeds to be shared equally.

He maintained that there was no legal basis to conclude that the concession had been assigned simply because the complainants worked on the land.

"If the judge will say that the mere fact that PW2 and PW1 went on the concession is equal to an assignment in law, I beg to submit that that argument is not well-grounded at all," he indicated.

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Atta Akyea argued that if Chairman Wontumi had instructed the complainants to carry out land reclamation, but they instead engaged in illegal mining activities, criminal liability could not automatically be attributed to his client.

Drawing an analogy, he said allowing workers onto a farm does not amount to assigning ownership or legal interest in the land.

"So, a worker on a concession hasn't got an assignment. The right of the concession is still residing in the company," he noted.

Atta Akyea said the defence believes the Court of Appeal will closely examine the trial judge's treatment of the law on the assignment of mineral rights as part of the appeal against the conviction.

Chairman Wontumi was convicted on charges relating to illegal mining and the unauthorised assignment of mineral rights and sentenced to 20 years' imprisonment.

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Source: www.ghanaweb.com