Democracy Hub Sues Ghanaian Government Over Deportation of Foreign Illegal Miners Without Prosecution

Advocacy group Democracy Hub has initiated a lawsuit against the Ghanaian government, challenging its policy of deporting foreign nationals involved in illegal mining, commonly known as “galamsey,” without bringing them to trial.

In a writ of summons filed at the High Court in Accra on Tuesday, June 17, 2025, Democracy Hub argues that the government’s current practice directly contravenes Section 99 of the Minerals and Mining Act, 2006 (Act 703). This Act, according to the group, explicitly mandates prosecution for individuals engaging in illegal mining offenses, with prescribed penalties including mandatory jail terms of up to 25 years.

The advocacy group further contends that the government’s deportation policy violates fundamental constitutional guarantees, specifically Article 17, which ensures equality before the law, and Article 19(2), which guarantees the right to a fair trial.

Democracy Hub states that the government has “unlawfully substituted criminal prosecution with deportation” for offenses under Act 703. They argue that “the selective decision not to prosecute foreign nationals, while prosecuting Ghanaians for the same offenses, constitutes unequal treatment before the law.” The group also raised concerns that “deportation, in the absence of conviction, does not satisfy the objectives of deterrence and may embolden perpetrators.”

The organization expressed deep concern over what it describes as a “discriminatory, two-tier justice system,” where Ghanaian citizens face the full force of the law, while foreign nationals are simply deported. This, they suggest, undermines the principles of justice and accountability.

In a move to ensure transparency, Democracy Hub is also demanding full disclosure of any diplomatic communications or documentation that could verify whether such deported foreign nationals are indeed prosecuted in their home countries, challenging what they may perceive as unsubstantiated claims.

The lawsuit seeks several remedies from the High Court, including:

• A declaration that the government’s deportation policy for galamsey offenders without prosecution is unlawful.
• An order to immediately halt all such deportations.
• Full disclosure of all relevant documents pertaining to individuals who have been deported under this policy.
• Compensation of GH¢300,000 for legal expenses incurred by Democracy Hub.

This lawsuit brings to the forefront a contentious issue in Ghana’s ongoing fight against illegal mining, highlighting a critical debate over the application of justice and the rule of law.

Source: http://thepressradio.com