Former Deputy Minister of Lands and Natural Resources, George Mireku Duker, has told the High Court that Ghana’s mining laws require all assignments of mineral rights to be made through written documentation and not through verbal agreements.
Mr Duker made the remarks on Tuesday, May 19, 2026, while testifying for the defence in the ongoing trial involving Bernard Antwi-Boasiako, popularly known as Chairman Wontumi, and his company, Akonta Mining.
The case centers on allegations that Akonta Mining permitted two individuals, Henry Okum and Michael Gyedu Ayisi, to carry out mining activities on the company’s concession without obtaining prior approval from the Minister responsible for mining. Prosecutors also accuse the company of facilitating illegal mining operations.
Speaking before the court, Mr Duker explained that during his time at the Ministry of Lands and Natural Resources, any official assignment involving mineral rights under Section 14(1) of the Minerals and Mining Act, 2006 (Act 703), would have passed through his office.
“When an assignment is being made, it is done in a written instrument and not orally,” he stated.
According to him, if Akonta Mining had entered into any formal agreement involving the transfer or assignment of mineral rights, the arrangement would have been processed through the ministry’s established administrative procedures.
Mr Duker further argued that environmental reclamation activities carried out on mining concessions should not automatically be interpreted as assignments of mineral rights under the law.
He told the court that the Ministry, together with the Minerals Commission, frequently encouraged concession holders to reclaim degraded lands caused by mining activities. Such environmental restoration works, he said, did not require ministerial approval under Section 14 of Act 703.
Section 14(1) of the Minerals and Mining Act states that mineral rights cannot be transferred, assigned, mortgaged, or otherwise dealt with without prior written approval from the Minister.
The former Deputy Minister also referenced Section 59 of Act 703 and Legislative Instrument 2176, explaining that mine support service providers, including reclamation contractors, operate under a separate legal framework and are therefore not subject to the same approval requirements governing mineral rights transfers.
During his testimony, Mr Duker also addressed claims surrounding illegal mining activities on the Akonta Mining concession. He maintained that the ministry had received reports indicating that the concession had been invaded by unauthorized illegal miners rather than persons acting under the authority of Chairman Wontumi.
He revealed that he personally led a security operation to the concession area where suspected illegal miners were arrested. According to him, the operation was conducted openly with media coverage, and in one instance, a helicopter was deployed to support the exercise.
“Before you is George Mireku Duker who comes from the region and has primary knowledge of illegal activities still going on in that enclave,” he told the court.
Mr Duker further disclosed that Chairman Wontumi had informed him during a mining industry award event that although commercial mining operations had not officially started on the concession, investments had been made into a coconut plantation project aimed at reclaiming degraded portions of the land affected by illegal mining.
However, under cross-examination, Deputy Attorney-General Justice Srem-Sai pressed the witness on the legal implications of failing to comply with Section 14.
Mr Duker agreed that any assignment, transfer, or mortgage involving mineral rights must be formally documented in writing before ministerial approval can be granted.
He also admitted that failure to comply with the written requirement under Section 14 constitutes a breach of the law.
“If there is no written document to meet the dictates of section 14, it becomes clear that there is no action at all,” he said.
The court is expected to continue hearing the case as prosecutors and defence lawyers present further evidence relating to the operations of Akonta Mining and the interpretation of Ghana’s mining laws.
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