Enchi court directs Forestry Commission to release confiscated machines to illegal miners after arrest

Erastus Asare Donkor, an advocate against illegal mining, who shared copies of the court’s verdict, stated that the court, in addition to granting bail to the individuals arrested for mining in the Boin Forest Reserve, also directed the Forestry Commission to allow the culprits to evacuate and relocate their confiscated mining equipment, including two excavators, to a location of their choosing.

“The complainant being the Forestry Services Division Enchi District, shall forthwith allow the Applicant to evacuate and relocate the Two (2) Lingong Excavator machines and other mining equipment from the Forest Reserve to a place of his choice outside the Reserve,” parts of the court documents read.

Also, the court ruled that the evacuation of the mining equipment must be carried out under the supervision of the Enchi District Police Commander and must be completed within three days from the issuance of the order.

The culprits are also required to bear the full cost associated with the evacuation process.

“The applicant shall bear the full cost and expenses associated with the evacuation and relocation of the two (2) Excavators and the other equipment in issue. The applicant shall complete the evacuation and relocation within three (3) days from the date of this order,” the documents further indicated.

The court’s decision has since faced massive criticism, with a section of Ghanaians urging the government to take more decisive action in addressing illegal mining in forest reserves and water bodies.

Expressing his outrage over the court’s order, Asare Donkor described it as a “slap in the face.”

He further explained that the Enchi jurisdiction in the Western North Region is notorious for the destruction of its forest reserves, largely due to the widespread prevalence of illegal mining in the area.

He questioned the court’s decision, wondering why the provisions outlined in the Forest Protection Act of 1974, which provides laws to protect forests and specifies punitive measures for offenders who violate these laws, were not considered in the decision-making process.

“So, the Forestry Commission and the Enchi police arrested four persons who were mining illegally in the BOIN RIVER FOREST RESERVE on Sunday 23rd March 2025. They impounded two excavators found in the forest. They processed them for court and confiscated the equipment. Now the court has granted them bail and given an order directing the forestry commission to release their machines to them,” he wrote on March 30, 2025.

He added, “The court says the FC should allow them to cart their excavators out of the forest to any location of their choice. And it has subsequently ordered that the police should ensure that the suspects are able to do so within three days. Question is what happened to provisions in the FOREST PROTECTION ACT 1974.”