Ellembelle DCE descends on Nkroful Magistrate for sabotaging galamsey fight

Readers will recall that the Western Regional Administrative Officer of the Judicial Service of Ghana, Mrs. Diana Naana Asiam noted that the Nkroful Magistrate of Ellembelle District, Her Worship Awo Amissah has "relocated out of the government bungalow assigned to her as the activities of the illegal mining at the back of the bungalow is a threat to her safety, security, and health".

"The ongoing galamsey activities pose a great threat to her life as there have been series of clashes involving the galamsey operators within the area," she added.

But addressing the newsmen at Nkroful, the District Chief Executive of Ellembelle, Mr. Kwasi Bonzoh stated that the decision by the Magistrate, Her Worship Awo Amissah to relocate out of her official bungalow at Nkroful has nothing to do with illegal mining activities.

"We wish to state that information available to us indicates that the decision by the Magistrate of the Nkroful District Court to relocate out of her official residence has nothing to do with the purported threat to her safety, security, and health as a result of alleged illegal mining activity at the back of her bungalow stated in the letter," he stated.

"We are reliably informed that she is only using that as a ploy to move out of her official residence so she can continue enjoying her personal benefit of accommodation/rent allowance from the Judicial Service which she has been directed to forfeit as long as she continues to live in a government bungalow," he disclosed.

"It is therefore not surprising to us that the Magistrate did not even deem it necessary to inform us of her decision to relocate until the District Chief Executive (DCE) called her personally on Wednesday, July 27, around 6:30 pm after receiving the letter from the Regional Administrative Officer of the Judiciary Service of Ghana," he added.

The DCE who is also the Chairman of Ellembelle District Security Council (DISEC) took the opportunity to claim that the Magistrate has been frustrating the Assembly's efforts in the fight against illegal mining activities in the District by treating illegal miners with 'kids gloves' when they were arrested and put before her court.

"With the specific issue, it might interest you to know that the very Magistrate of the Nkroful District Court who is claiming that the ongoing galamsey activities pose a great threat to her life is the same person who has been frustrating the Assembly’s fight against galamsey by treating galamseyers with kids gloves when they are arrested and put before her court," he claimed.

"Strangely, on Monday, April 4, 2022, the District Magistrate called the police and ordered them to bring the suspects before her court, and to the surprise of the police, she overturned her earlier conviction and ordered that the suspects should be freed.

"As a result, when the Assembly recently wrote to the police to arrest galamseyers, the police was reluctant to act due to the fact that even when they arrest illegal miners, the District Court will free them," he told the media.

Mr. Kwasi Bonzoh emphasized that "These incidences have emboldened galamseyers, rendering the fight against illegal mining activities in the district very difficult and unsuccessful. For the Nkroful Magistrate Court treat

illegal miners with kid gloves and turn round to accuse the Assembly for failing to stop illegal mining to say the list is hypocritical".

Read below the full press statement addressed by the DCE;

RE: RELOCATION OUT OF ASSIGNED GOVERNMENT BUNGALOW NKROFUL DISTRICT MAGISTRATE COURT

We refer to the letter with reference number WR/JS/ADM.1/175/22 dated July 14, 2022, which was received on July 26, 2022, on the subject supra informing the Assembly about the relocation of the District Magistrate out of the government bungalow assigned to her.

2. We wish to state that information available to us indicates that the decision by the Magistrate of the Nkroful District Court to relocate out of her official residence has nothing to do with the purported threat to her safety, security, and health as a result of alleged illegal mining activity at the back of her bungalow stated in the letter.

We are reliably informed that she is only using that as a ploy to move out of her official residence so she can continue enjoying her personal benefit of accommodation/rent allowance from the Judicial Service which she has been directed to forfeit as long as she continues to live in a government bungalow.

It is therefore not surprising to us that the Magistrate did not even deem it necessary to inform us of her decision to relocate until the District Chief Executive (DCE) called her personally on Wednesday, July 27 around 6:30 pm after receiving the letter from the Regional Administrative Officer of the Judiciary Service of Ghana.

3. We wish to state categorically that, before her decision to relocate, there was absolutely no threat to the life and safety of the Magistrate in any way. As Chairman of the Ellembelle District Security Council (DISEC), I know for a fact that the Magistrate has been provided with two police guards, one personal bodyguard, and another residence guard detailed to provide her with security. It is therefore deceptive for the Magistrate to cite her personal safety and security as reasons for relocating.

4. Paragraph two (2) of the letter from the Judicial Service of Ghana alleges that there is an “ongoing mining at the back of the bungalow (which) is affecting her health as the galamsey takes place during day and night depriving her of the needed rest/sleep. It also states that “the chemicals used in the mining activities and the noise from the area are having an impact on her health." It goes further to claim that “the galamsey activities ongoing poses a great threat to her life as there have been series of clashes involving the galamsey operators within the area”.

5. We find the attempt by the Magistrate to link her decision to move out of her bungalow to the purported ongoing galamsey activities very disingenuous. This is because currently there is no ongoing illegal mining activity behind her residence as she wants the world to believe.

6. We believe that if there is any institution within the Ellembelle District which can attest to our relentless efforts in the fight against galamsey in the last three (3) years it should be the Nkroful District Court. We say so because the Court is very much aware of the numerous arrests that has been made during galamsey operations led the DCE in his capacity as Chairman of DISEC after which the suspects have been arraigned before various courts either in Nkroful, Axim or even Teakoradi for prosecution.

Back in February 2021, we gathered intelligence on an illegal mining activity in Teleku Bokazo which extended to the backyard of the bungalow jointly occupied by the Esiama Divisional Police Commander and the Magistrate of the Nkroful District Court. We immediately convened a DISEC meeting on Friday 5th March, 2021 to which we invited major stakeholders in the fight against illegal mining such as the Divisional Chiefs of Salman, Teleku Bokazo, and Anwia, officials from the Environmental Protection Agency (EPA), Adamus Resources Ltd, Assembly members as well as officers from the Judicial Service of Ghana including author of the letter from the Judicial Service, Ms. Diana Naana Asiam and the Clerk to the Nkroful District Court.

It was during that particular meeting that Nana Afful Kwaw II, the Chief of Teleku Bokazo informed the Council that the people involved in the illegal mining were doing so because they have been contracted to dredge the river Broma as part of the construction of the bridge that links the old and new site and that the menace would stop immediately after the construction was completed. DISEC immediately concluded on operation to visit site and stop the illegal mining activity.

On March 22, 2021, DISEC together with a team of security personnel embarked on-site operation which led to the arrest of Mr. Stephen Miah and two others. The perpetrators were arraigned before the District Magistrate court on March 24, 2021. The perpetrators pleaded not guilty and were granted bail and the case was adjourned to April 7, 2021.

At the adjourned date, the Chairman of DISEC appeared in court personally to dispute the earlier claim by the Chief of Teleku Bokazo in court that the accused persons were helping the community in the bridge construction since they were neither contractors nor involved in the construction activities and were arrested in engaging in illegal mining activities. In the end, the judge referred the case to ADR for settlement and the case was further adjourned to May 12, 2021. At ADR, the perpetrators were stopped and demanded to do reclamation under the supervision of the District Engineer.

Fast forward to June 2022, it came to our attention again that the people had gone back to site claiming they have been given a court order to do reclamation but in the process we realized they were engaging in illegal mining. On the of June 7, 2022, we wrote to the Divisional Police Commander and copied the Magistrate and Chiefs of Nkroful and Teleku Bokazo requesting the police to “take urgent steps to arrest the people involved in the illegal act as soon as practicable to halt their activities”.

We took immediate action the next day June 9, 2022, by bringing their activities to a complete halt through a joint TASK FORCE comprising officers from the District Assembly led by the District Coordinating Director, Mr. Emil Tawiah Atsu, the Divisional Crime Officer, Supt. Prosper Gbagbo, District Police Commander, ASP Joseph Darko and the Area Head of EPA Ellembelle Office, Ing. Douglas Asuako-Ferkah.

This shows the Assembly at every point in time has taken steps to stop illegal mining.

8. With the specific issue it might interest you to know that the very Magistrate of the Nkroful District Court who is claiming that “the galamsey activities ongoing poses a great threat to her life” is the same person who has been frustrating the Assembly’s fight against galamsey by treating galamseyers with kids gloves when they are arrested and put before her court.

9. You may recall that recently some 23 illegal miners who had invaded an Adamus mining pit located within Anwia and Teleku Bokazo area who were arrested in a galamsey operation were processed and arraigned before the Nkroful District Magistrate Court on Friday April 1, 2022.

During the court proceedings, the youth of Teleku Bokazo were incited to mass up at the Court premises through an announcement on a Community Information Center otherwise known as “local FM” apparently to rescue the suspects from police grips.

10. The Esiama Divisional Police Commander ACP Hlordzi Godact Dodzi upon being informed about the security challenges posed by the large number of angry youths who had gathered at the Court premises gave an order for the joint Military/Police Team deployed at Adamus Resources Ltd by the government to beef up security and protect the court from any imminent attack by the agitating youth. Unfortunately, in the process, there was a confrontation between the military and some members of the youth leading to the firing of a warning shot resulting in the death of one Andrew Donkor and two (2) others sustaining gunshot injuries.

11. This regrettable but avoidable incident immediately degenerated into violence whereby the galamseyers marched straight onto the District Assembly offices armed with machetes, sticks, and stones threatening to attack the DCE for being a thorn in their flesh.

12. Following the rioting incident which resulted in the loss of life and damage to properties on the fateful day of Friday, April 1, 2022, the Inspector General of Police (IGP) Dr. George Akuffo Dampare and his team from the National Police Headquarters flew to the Ellembelle District within 24 hours on Saturday April 2nd at 10am to ascertain at first hand the causes of the problem and its security implications among others.

13. The IGP and his team accompanied by myself, the DCE visited the Esiama Police Station which was vandalized, the offices of Ellembelle District Assembly, and the District Court where he interacted with the District Magistrate, Her Worship, Awo Amissah. During the interaction with her, the IGP urged her to execute her duty without fear or favor and that the police were ready to offer her every protection.

14. Strangely, on Monday, April 4, 2022, the District Magistrate called the police and ordered them to bring the suspects before her court and to the surprise of the police, she overturned her earlier conviction and ordered that the suspects should be freed.

15. As a result, when the Assembly recently wrote to the police to arrest galamseyers, the police were reluctant to act due to the fact that even when they arrest illegal miners, the District Court will free them.

16. In a related incident back on April 2, 2020, when the District Security Council carried out an operation at illegal mining sites at Anwia and Nkroful, two (2) suspects, Mr. Eric Essien and Seidu Tahiru were arrested. Police sent the suspects to court to be remanded in police custody to enable proper investigation to be carried out. On the 3rd of April, 2020, the court thought otherwise and rather granted them bail. (Attached is the police report and the minutes of the DISEC meeting held on April 5, 2020)

17. These incidences have emboldened galamseyers rendering the fight against illegal mining activities in the district very difficult and unsuccessful. For the Nkroful Magistrate Court to treat illegal miners with kid gloves and turn round to accuse the Assembly of failing to stop illegal mining to say the list is hypocritical.

18. It is therefore important to state that fighting against illegal mining is not the sole responsibility of the District Assembly and security agencies but requires collaboration from other stakeholders including the judiciary to nip it in the bud.

Thank you.

Hon. Kwasi Bonzoh

DISTRICT CHIEF EXECUTIVE

Source: Mensah B. Ruth

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