By Leo Nelson
In a bold move challenging the government’s handling of illegal mining, pressure group Democracy Hub has hauled the state to the High Court, demanding an immediate halt to the deportation of foreign nationals involved in galamsey without due prosecution under Ghanaian law.
The group argues that the current practice of deporting foreign galamsey suspects bypasses the nation’s legal framework and violates constitutional protections, asserting that these individuals must face the full force of Ghanaian law, just like local citizens.
Filed in the High Court, the lawsuit seeks several declarations and orders to compel the government to prosecute foreign galamsey suspects in accordance with the Minerals and Mining Act, 2006 (Act 703). Democracy Hub contends that Section 99 of Act 703 mandates prosecution for illegal mining offenses and does not provide for deportation as an alternative.
“We seek a declaration that the deportation of foreign nationals arrested for engaging in illegal mining without prosecution constitutes a violation of Section 99 of the Minerals and Mining Act, 2006 (Act 703),” the group declared, emphasizing that the law demands legal proceedings within Ghana’s judicial system, applied equally to all, citizens and non-citizens alike.
The legal challenge also directly targets the policies of the Minister for the Interior and the Ghana Immigration Service, labeling their decision to deport galamsey suspects without trial as “unlawful, ultra vires, and inconsistent with Article 19(2) of the Constitution of Ghana.”
Democracy Hub further asserts that the selective decision to deport foreign nationals while prosecuting Ghanaians for the same offenses constitutes “unequal treatment before the law and violates Article 17 of the Constitution.”
The group warns that allowing foreigners to evade trial through deportation sets a dangerous precedent and weakens the rule of law in the country.
They argue that the government lacks the legal authority to substitute criminal prosecution with deportation for offenses under Act 703, viewing such deportations as “unlawful interference with the administration of justice.”
The lawsuit also highlights the government’s failure to provide any evidence that deported individuals face prosecution in their countries of origin, casting serious doubt on the claim that deportation serves as an adequate substitute for legal accountability.
“We seek a declaration that the policy of deporting foreign nationals accused of illegal mining, in lieu of prosecution under Ghanaian law, is not justified by any evidence of foreign prosecution and is therefore arbitrary, unlawful, and contrary to the rule of law,” the group stated.
As part of their sweeping legal action, Democracy Hub is demanding that the court issue an order directing the Minister for the Interior, the Ghana Immigration Service, and the Attorney-General to immediately cease all further deportations of foreign nationals arrested for galamsey without first putting them through the judicial process.
In addition, the group is pushing for an order compelling the Attorney-General to initiate prosecutions against all foreign nationals already arrested but not yet tried for galamsey offenses, stressing the need for “legal accountability, transparency and respect for the rule of law.”
To ensure full transparency, Democracy Hub is also requesting that the court order the Interior Ministry and the Immigration Service to release all documentation, diplomatic exchanges, and monitoring reports that could confirm whether deported individuals have faced prosecution in their home countries.
They also demand that the Ghana Immigration Service make public any agreements, internal directives, or memoranda guiding the deportation of foreign nationals linked to illegal mining, emphasizing that public access to such documents is crucial for democratic accountability.
“We seek an order restraining the Defendant from further deporting any foreign national arrested for illegal mining or other offences under Act 703 without first initiating and exhausting criminal prosecution in Ghana, unless directed otherwise by a court of competent jurisdiction,” the suit emphasizes.
The group is also demanding that the Attorney-General issue public guidelines clarifying how non-citizens should be treated under Section 99 of the Minerals and Mining Act, ensuring these guidelines align with constitutional requirements and Ghana’s international obligations.
Furthermore, Democracy Hub has asked the court to order the production of a comprehensive list of all individuals deported without trial for galamsey-related offenses between 2021 and 2025, arguing that this information is vital to understand the scale and implications of the government’s current policy.
To cover their legal expenses, Democracy Hub is seeking “costs inclusive of legal fees and incidental expenses incurred in prosecuting this action in the sum of GHS 300,000,” along with any other relief the court deems appropriate.
This landmark case is expected to generate significant public interest as it delves into the crucial intersection of Ghana’s legal responsibilities and its approach to combating illegal mining.
The outcome could significantly shape how foreign nationals are treated within the country’s justice system in the future.