Justice Barbara Frances Ackah-Yensu, a nominee to the Supreme Court, is of the view that Ghana could use the Alternative Dispute Resolution (ADR) mechanism to resolve galamsey issues in the country.
According to her, the ADR Act has some exceptions for environmental matters which will have to be looked at again so that it could be applied in resolving issues of galamsey.
Justice Ackah-Yensu was answering a question from the Minority Leader, Haruna Iddrisu when she appeared before the Appointments Committee of Parliament on Tuesday, October 18, 2022.
Haruna Iddrisu asked the Court of Appeal: "my first expectation of you is galamsey, are you aware of the havoc galamsey is wrecking on our country, on our environment, on our water bodies? What do you think should be the judicial attitude to fighting galamsey?"
Justice Ackah-Yensu responded: “… if I heard you right, you are asking about the judicial attitude and therefore speaking as a judicial officer, we will determine if any case comes before us on the harmful nature of galamsey, we will look at the particular circumstances of each case and apply the law and make the determination.
"But as a proponent of ADR, I think that the exception of environmental matters in the ADR Act probably will have to be looked at again so that we can try applying ADR mechanisms in resolving...”
Haruna Iddrisu then asked again, "are you recommending galamsey as the candidate for ADR resolution of the havoc that it causes to our water bodies?"
Justice Ackah-Yensu answered, “To an extent yes.”
Haruna Iddrisu: "Even as we see our water bodies polluted?"
Justice Ackah-Yensu: "There will definitely be a legal aspect.
Haruna Iddrisu: "What will ADR do to the resolution of those matters?"
Justice Ackah-Yensu: "ADR will come in between the communities and the perpetrators if they are made to sit together and have a conversation.”
Chairman of the Appointments Committee, Joseph Osei Owusu then came in and asked the nominee if she is familiar with any community where galamsey is prevalent.
Justice Ackah-Yensu: “My Lord unfortunately not. I have not been to any community where galamsey is taking place.”
Joe Osei Owusu: “Have you ever adjudicated a matter involving the issues of galamsey?”
Justice Ackah-Yensu: “Honourable Chairman, no I have not; not yet”
Watch the exchanges below:
PEN/SARA
