Speaking with Citizen Kofi Owusu on Ahotor FM’s Adekyee Mu Nsem programme in Accra, former Head of Policy Monitoring and Evaluation at the Presidency, Dr. Tony Aidoo, defended the conviction of Ashanti Regional NPP Chairman Bernard Antwi Boasiako, popularly known as Chairman Wontumi, arguing that holders of mining concessions cannot evade responsibility for environmental destruction that occurs on their concessions.
Dr. Aidoo rejected claims by some NPP supporters that Wontumi should not be held liable because he had allegedly assigned the concession to another person.
According to him, such arguments are legally flawed because assignments do not necessarily have to be in writing to create obligations and responsibilities.
“It is not true that there is no evidence of an assignment simply because there is no written document. The law recognizes verbal agreements and other forms of contractual relationships. The critical issue is responsibility,” he stated.
He explained that a mining concession is not the personal property of the concession holder but a national resource entrusted to an individual under specific conditions imposed by the state.
“When government grants a concession, the holder becomes a custodian or trustee of that resource. The benefits of the concession come with obligations and responsibilities, particularly the duty to protect the ecological integrity of the land,” he said.
Dr. Aidoo stressed that concession holders owe a fiduciary duty to the state and cannot escape liability when environmental destruction occurs on land under their control.
He noted that principles such as vicarious liability and occupier’s liability impose legal obligations on concession holders for the actions of persons operating under their authority.
“You have a responsibility as a trustee and custodian of the concession. If your agents or operators destroy the environment, you cannot simply wash your hands off the consequences,” he argued.
The former presidential advisor further questioned attempts by some opposition figures to portray Wontumi as a political prisoner or victim of political persecution.
According to him, the debate should focus on the facts and evidence surrounding the environmental damage rather than partisan considerations.
“If the land had not been mined, why would there be a need for reclamation? Reclamation becomes necessary when mining activities have altered or degraded the environment. These are the questions that must be answered,” he stated.
Dr. Aidoo also condemned the devastating impact of illegal mining activities on farmlands, forests, rivers and local communities, stressing that public officials and politically exposed persons should be held to the same legal standards as ordinary citizens.
He maintained that Ghana’s fight against illegal mining and environmental degradation would only succeed when accountability is applied fairly and consistently, regardless of political affiliation.
Story by Stephen Kwaku Owusu Mintah/AhotorOnline/Accra.