Since January 2022, a substantial number of criminal cases—119 in total—related to illegal mining (known as “galamsey“) have remained unresolved in the High Court and certain Circuit Courts throughout the nation.
These cases involve the prosecution of approximately 727 individuals.
The main regions where the legal proceedings against individuals involved in illegal mining are concentrated include the Eastern, Ashanti, Western, and Greater Accra Regions.
The Upper East and Northern Regions also have a smaller number of such cases.
Attorney-General and Minister for Justice, Godfred Yeboah Dame, presented this information to the media.
He highlighted that, on average, a typical galamsey case entails the apprehension and legal action against approximately six to seven individuals.
Consequently, the cumulative number of individuals facing trial across these 119 cases exceeds 727. The majority of these cases are prosecuted within the regions where the arrests initially occurred.
Mr. Dame conveyed that the ongoing trials encompass a variety of individuals, including Ghanaians, Chinese, Nigerians, Nigeriens, Burkinabes, and other West African nationals.
Out of the total, fifty (50) cases are pending in Koforidua in the Eastern Region, while thirty-three (33) are being prosecuted in Tarkwa and Sekondi within the Western Region. In the Ashanti Region, twenty-three (23) cases are spread across Obuasi and other locations, and an additional seven (7) are currently awaiting trial in the High Court in Accra.
Within the Upper East and Northern Regions, there are three (3) and one (1) pending cases in Bolgatanga and Tamale courts, respectively.
The accused individuals are facing charges related to operating mining activities without the required license, as well as engaging in the buying and selling of minerals without proper authorization under the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Championed by the Akufo-Addo administration in 2019, the enactment of Act 995 brought about a significant strengthening of penalties for engaging in mineral trading or mining operations without the appropriate license.
For Ghanaian nationals, Act 995 now mandates a minimum imprisonment term of fifteen years and a maximum of twenty-five years, accompanied by a fine ranging from a minimum of ten thousand penalty units to a maximum of fifteen thousand penalty units.
Meanwhile, for non-Ghanaian individuals, the same Act has amplified the consequences for these violations to a minimum imprisonment term of twenty years and a maximum of twenty-five years, coupled with a fine ranging from a minimum of one hundred thousand penalty units to a maximum of three hundred and fifty thousand penalty units.
This new framework contrasts starkly with the regulations established under Act 703, which was passed in 2006. Under Act 703, the penalty for trading in minerals or engaging in mining activities without the appropriate license was either a minimum of three thousand penalty units or imprisonment for a duration of up to five years.
The Attorney-General highlighted several hurdles that have contributed to the relatively sluggish progress in prosecuting suspected illegal mining (galamsey) offenders.
He underscored that the issue of courts granting bail with lenient conditions has led to accused individuals easily meeting the terms and subsequently evading prosecution.
Across the country, numerous accused individuals who were granted bail have absconded, rendering the forfeiture of bail bonds ineffective as the sureties have also fled. Even in cases where they do not abscond, some offenders return to engage in illegal mining after being granted bail.
The Attorney-General emphasized the importance of the Judiciary’s cooperation in the fight against galamsey, urging cautious consideration when granting bail and the acceleration of legal proceedings to ensure prompt prosecution and penalties for offenders.
A lack of witness cooperation also poses a challenge. Securing testimonies from witnesses who initially provided statements during the investigative phase becomes difficult when they are required to appear in court. Witnesses in galamsey cases often reside in the same communities as the accused individuals, leaving them susceptible to threats and intimidation.
Mr. Dame further noted instances where investigators fail to seize the illegal mining equipment used in committing the crime, and even when such items are confiscated, they are not properly presented in court. This significantly hampers the prosecution’s case.
Additionally, arresting officers’ failure to apprehend suspects at the actual mining sites poses another obstacle, making it challenging to establish a direct link between the suspects and the offense.
The dearth of court interpreters proficient in the languages preferred by accused individuals has contributed to the deceleration of court proceedings, as exemplified in the trial of a Vietnamese national in Accra.
The Attorney-General (A-G) reassured the nation of his Office’s unwavering dedication to prosecuting and penalizing suspected offenders following thorough investigations.
Erroneous Sentencing by the Court
A significant challenge in prosecuting galamsey offenders arises from what the A-G characterized as a “peculiar and perplexing situation,” where some judges neglect to apply the new mandatory punishments for those found guilty, instead issuing fines exclusively.
For instance, a case involving the conviction of Chinese and Ghanaian nationals for galamsey in a Tarkwa Circuit Court in 2021 resulted in fines. Responding to this, the Western Region Office of the Attorney-General, in line with the A-G’s direction, pursued judicial review at the High Court to challenge the Circuit Court’s verdict. The High Court upheld the application, and the accused individuals were subsequently sentenced to the legally prescribed terms of fifteen and twenty years, now being served.
A similar circumstance emerged in the Upper East Region in 2022, where individuals prosecuted by the Police received only fines upon conviction. This came to the A-G’s attention, leading him to instruct the Upper East Regional Office of the Attorney-General to intervene by filing applications to annul the fines and enforce the mandatory minimum of fifteen years in prison.
Galamsey Cases in Greater Accra – Aisha Huang
Although Greater Accra is not a primary “galamsey region,” the High Court in Accra has become a focal point for prosecuting significant galamsey cases, particularly involving foreign nationals like the Chinese.
Notably, in September 2022, Attorney-General Godfred Dame revived the prosecution of the alleged prominent galamsey figure, En Huang, also known as Aisha Huang.
Her prosecution had been discontinued by the Republic in 2018, after which she was repatriated. The case against Aisha Huang is progressing steadily, with the prosecution expected to conclude its presentation by May 4th after summoning eleven witnesses.
Mr. Dame noted that many galamsey cases involving foreign nationals are often coupled with charges under Ghana’s immigration laws, due to these individuals frequently infringing upon those regulations.
However, most immigration offenses currently carry fines as penalties, which, according to the AG, has contributed to the persistent violations by foreign nationals. He stressed the necessity of fortifying Ghana’s immigration laws to impose stricter and more dissuasive penalties for violations.
Prosecution of Galamsey in the Eastern Region
Presently, fifty galamsey cases await resolution in the High Court and Circuit Courts of the Eastern Region. Roughly eight of these cases have concluded their prosecution phase, with the court determining a prima facie case for the accused individuals to begin their defense. As a result, the accused parties are presenting evidence in their favor.
Convictions in the Eastern Region
The Attorney-General lauded the exceptional contributions of the Eastern Regional Office of the Attorney-General for their commendable role in penalizing galamsey offenders.
In October 2022, the Attorney-General reported the conviction of 187 individuals, which included nationals from Niger, Nigeria, and China, for galamsey offenses between 2017 and October 2022. Many of the accused individuals were tried and sentenced under the previous section 99 of the Minerals and Mining Act, 2006 (Act 703), which allowed for penalties solely in the form of fines. This often led to defendants pleading guilty and receiving only fines.
The introduction of more stringent penalties for galamsey, including mandatory prison sentences of fifteen years for Ghanaians and twenty years for foreign nationals under Act 995, has prolonged trials as accused individuals resist pleading guilty and engage in various tactics to delay proceedings. Out of the 187 convicted individuals, thirty-three were tried and sentenced under Act 995 between August 2021 and September 2022, currently serving prison terms of fifteen to twenty years, alongside fines imposed by the court.
Galamsey Trials in the Western Region
As of now, twenty-three galamsey cases are pending, primarily in Tarkwa and Sekondi courts. This range of cases involves both foreign nationals and company officials who misused exploratory and prospecting licenses to unlawfully partake in mining activities.
Prosecution of Galamsey Offenses in the Ashanti Region
Since 2022, the Ashanti Region has recorded thirty-three ongoing galamsey cases. Historically, Ghana Police Service had exclusively handled these cases, a situation fraught with challenges. To address this, the A-G directed the Kumasi Office of the Attorney-General to consolidate and oversee the prosecution of all galamsey dockets, thereby enhancing the efficiency of the process in the Ashanti Region.