By: Kenneth Appiah Bani.
Civil society organization Democracy Hub has taken legal action against the Government of Ghana over its alleged failure to prosecute foreign nationals involved in illegal mining, instead opting for their deportation.
In a suit filed at the High Court of Justice in Accra, Democracy Hub challenges the constitutionality and legality of the state’s approach in dealing with foreign nationals caught engaging in illegal small-scale mining, popularly known as “galamsey.” According to the group, deporting offenders without prosecution undermines Ghana’s sovereignty, environmental laws, and the rule of law.
The Writ of Summons, issued on June 16, 2025, names the Minister for the Interior, the Attorney General, and the Ghana Immigration Service as the 1st, 2nd, and 3rd Defendants respectively. The suit seeks to compel these government agencies to prioritize prosecution under Ghanaian law before considering deportation, especially in cases where foreign individuals have been caught red-handed destroying lands and water bodies through illegal mining activities.
According to Democracy Hub, the practice of merely deporting these individuals amounts to a miscarriage of justice and sends the wrong signal to would-be offenders. The organization believes such actions shield foreign perpetrators from accountability while allowing the destruction of Ghana’s natural resources to continue unchecked.
Speaking to the media, a spokesperson for Democracy Hub, Osagyefo Oliver Barker-Vormawor, stated:
“The Ghanaian legal system must not be reduced to a revolving door for criminals. We must send a clear message that any individual who violates our laws Ghanaian or foreign will face the full force of the law. Deportation should not replace justice.”
The group argues that this approach not only violates Ghana’s commitment to sustainable environmental governance but also contravenes the constitutional principles of equality before the law and due process.
This case adds fuel to ongoing public outrage over the increasing involvement of foreign nationals particularly from Asia in illegal mining activities, with many Ghanaians questioning why such individuals are often allowed to leave the country without facing trial.
The outcome of this case could set a legal precedent for how Ghana handles foreign involvement in illegal activities on its soil going forward. Legal analysts say the case will likely test the limits of executive discretion in immigration matters, especially when national interest and environmental integrity are at stake.
The case is expected to be heard in the coming weeks. Democracy Hub has called on Ghanaians and civil society organizations to follow the case closely, emphasizing that the fight against galamsey must be rooted in justice, transparency, and accountability.
