In legal proceedings involving mining operations, clear distinction between authorized land reclamation activities and unauthorized mining operations is crucial for defense. A witness statement from Bernard Inu, a Ghanaian entrepreneur and director of Akan Mining Company Limited, demonstrates how to defend against charges of unauthorized mining by proving that activities were limited to land reclamation (planting coconut seedlings on degraded areas) rather than mineral extraction. The defense emphasizes that permission granted for reclamation purposes does not authorize mining operations, and that the absence of a written contract does not legally transform reclamation activities into mining operations. This case illustrates the importance of clearly defining the scope of authorized activities and maintaining proper documentation to avoid legal complications.
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Chairman Wontumi cries in court during cross examination as deputy AG grills himAdded:
Times like this.
very very very very serious.
witness at a point very serious and this is not me. It is coming from an astute reporter Austin mounted the witness box today and cross-examination was done in the Samra boy case at a at a point cross-examination became so intensive appeared to be crying and asked for water cross examination so intensive as to whe as to wheat corporate logistica Vehicle management company from Sprinter to 40.
Driver two times in a month 059233 logist the same number 059 80220233.
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Secret Ventures Anti-aging 059800 3891 to a witness statement. What is me saying?
Witness statement of Bernard in filed on behalf of the first and third accused persons.
My name is Bernard Inu.
I am also widely known by the name.
I am 49 years old, a Ghanian entrepreneur and a native of Kana in Ashanti region of the Republic of Ghana.
I am one of the two shareholders and one of the two directors of Akan Mining Company Limited. The third accused person hearing hearing after referred to as A3 or the company A3 was duly incorporated under the law laws of Ghana on 5th November 2010 with mining and exploration as its principal objects and business activities.
The company's registered principal place of business is Taqua in the western region though its active mining operations are conducted in the Samra boy area also in the western region 2010 region and I think this is even news for a lot of people A3 is the holder of a valid and subsisting mining lease tended in evidence in this proceedings as exhibit G issued on 23rd July 2021 for a term of 10 years. The mining concession covered by exhibition G. Exhibit G is located in the Samra boy area of the western region.
A3 has at all material times conducted its mining operations in strict compliance with the terms and conditions of exhibit G and the applicable provisions of Act 703 as amended.
or say, "I categorically, unequivocally, and emphatically deny each and every one of the six counts of offenses charged against me as the first accused person and against A3 as the third accused person. I am not guilty of any of the offenses charged and I call upon this honorable court to acquit and discharge both myself and A3 upon the conclusion of the defense case.
See, specifically, I deny that I in my capacity as the owner and controller director of A3 did without first obtaining the prior written approval of the minister responsible for mines h permit of mines.
permits Henry Okum and Michael Jedu to undertake a mining operation within A3's mining concession as alleged in courts one sorry in counts one and three I further deny that I did purposely facilitate Henry Yokum and Michael Jedu to without a license granted by the minister undertake a mining operation within A3's mining concession as alleged in counts four and six at some time in October 2024 one Henry Yokum approached me and expressed his desire to undertake land reclamation works on portions of A3's mining concession at Samra boy that had previously been mined and were in a degraded state. Mr. Okum represented to me that he was experienced in land reclamation and that he wished to plant coconut seedlings on the mind out portion of the concession to restore the land.
20 24 in landlamation. Reclam So could say I wish to state clearly and unambiguously that the permission I granted to Mr. Henry Okum was strictly and exclusively for the purpose of land reclamation specifically the planting of coconut seedlings on the already mind and degraded portions of A3 concession I did not at any time grant Mr. Okun permission to conduct undertake or carry out any mining operations or to extract any minerals from A3 concession.
That is the permission.
The permission I granted was limited solely to reclamation activities on the mind out portions of the land. I did not enter into any written contract with Mr. Okum and respect of the reclamation arrangement. I acknowledge that the absence of a written agreement was an oversight on my part. However, the absence of a written contract does not in law or in fact transform a reclamation arrangement into a mining operation or an assignment on mineral rights.
But at no point did I agree with Mr. Okum that he could mine on the unmined portions of A3's concession. I did not authorize, permit, sanction or in any manner approve any mining activities by Mr. or any person acting under his direction on A3's concession. The allegation that I agreed to allow Mr. Okum to mine on the unmined portions of the concession is false and is denied in its entirety.
Regarding the allegation that I introduced Mr. Okum to an excavator seller and made an initial part payment for excavators, I wish to clarify the following. I did assist Mr. in identifying a contact who could supply equipment.
However, this assistance was rendered in the context of the reclamation exercise.
But see, as land reclamation activities may require the use of heavy equipment for earth moving and land preparation. I did not procure or supply excavators for the purpose of mining operations. Any equipment I assisted Mr. Okum in acquiring was intended for and represented to me as being for the reclamation exercise.
I was not present at A3's concession during the police operation conducted on 16th and 17th April 2025.
I had no knowledge of the scale of activities being conducted on the concession by Mr. Okum and his employees at the time of the police operation. Had I known that Mr. Okun was conducting mining operations on the concession in essence of and contrary to the reclamation mandate I had given him, I would have immediately revoked his permission and reported the matter to the appropriate authorities.
So is telling us anyway is telling us for say Please.
Yes, friend Oh, this not the first time.
I want to make interesting and it's up to the court to, you know, h speak on it. It's up to the court. But that's what the court said 28th Mayitness.
That's what the judge This should be interesting. This should be interesting.
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