Since January 2022, the Attorney General and Minister of Justice, Godfrey Yeboah Dame, has disclosed that 119 criminal cases involving the prosecution of approximately 727 individuals for illegal mining (galamsey)-related offenses have been pending in the High Court and some Circuit Courts across the country.
Four regions – the Eastern, Ashanti, Western, and Greater Accra regions – are the primary regions in which illicit mining is prosecuted, while the Upper East and Northern regions also have a few cases.
Mr. Dame indicated, based on the breakdown, that an average galamsey case involves the apprehension and prosecution of at least six or seven individuals. In fact, there are over 727 defendants in the 119 pending cases.
He stated that the majority of cases are prosecuted in the region where the arrests were made, and that some of the accused are Ghanaians, Chinese, Nigerians, Nigerien, Burkinabe, and other nationals of West Africa.
Mr. Dame stated that fifty (50) cases are pending in Koforidua in the Eastern Region, thirty-three (33) in Tarkwa and Sekondi in the Western Region, twenty-three (23) in Obuasi and other portions of the Ashanti Region, and seven (7) in the High Court, Accra.
The courts in Bolgatanga and Tamale report three (3) and one (1) cases from the Upper East and Northern regions, respectively.
In accordance with the Minerals and Mining (Amendment) Act, 2019 (Act 995), the accused are on trial for engaging in an unlicensed mining operation and purchasing and selling minerals without a license.
He noted that the 2019 passage of Act 995, spearheaded by the Akufo-Addo administration, increased the penalties for both the illegal purchase and sale of minerals and the illegal conduct of mining operations.
"In the case of a Ghanaian, the sentence is now a minimum of 15 years and a maximum of 25 years, along with a minimum of 10,000 penalty units (GH120,000) and a maximum of 15,000 penalty units (GH180,000) in fines. In the case of a non-Ghanaian, Act 995 increased the punishment for the same offenses to a minimum of twenty years and a maximum of twenty-five years in prison, along with a fine of between one hundred thousand and three hundred and fifty thousand penalty units," he said.
Mr. Dame indicated that the new punishment regime is in contrast to Act 703, which was passed in 2006 and stipulated a minimum of three thousand penalty units or a maximum of five years in prison for the offense of trafficking in minerals and mining without a license.
As one of the obstacles contributing to the sluggish pace of prosecuting galamsey offenses in the country, he bemoaned the court's practice of granting parole to accused individuals under extremely lenient conditions, allowing them to easily comply and then flee.
Other obstacles, according to him, include the failure of police investigators to seize the illegal mining equipment used to perpetrate the crime, and even when they do, the failure to present the items in court.
As seen in the trial of a Vietnamese national in Accra, he also identified a lack of cooperation from witnesses and the absence or lack of court interpreters who can speak and interpret court proceedings in the language accused persons may wish to use, which slows down court proceedings.
A significant disadvantage of prosecuting galamsey offenders is the attorney general's description of a "strange and absurd situation" in which some judges fail to implement the new mandatory punishment for convicted individuals and instead sentence them to a fine.
However, he reassured the public of his Office's dedication to prosecuting and punishing suspects following the conclusion of thorough investigations.
Breakdown
Mr. Dame disclosed that although Greater Accra is not a "galamsey region," the Accra High Court has been the scene of numerous high-profile prosecutions in the struggle against galamsey, particularly involving Chinese and other foreign nationals.
He stated that fifty galamsey cases are presently pending in the Eastern Region's High Court and Circuit Courts. In approximately eight (8) of them, the prosecution has concluded its case, and the court has ruled that the accused may now present their defense. Thus, the accused are presenting evidence in their defense.
Currently, twenty-three (23) galamsey cases are outstanding, primarily in the courts of Tarkwa and Sekondi. These cases involve a variety of individuals, including foreign nationals and officers of companies that have illegally mined while in violation of their exploration and prospecting licenses.
Since 2022, the Ashanti Region has recorded 33 pending galamsey cases.
Mr. Dame added that, until recently, all galamsey dockets were prosecuted by the Ghana Police Service, a precarious situation that prompted the Attorney General to instruct the Head of the Kumasi Office of the Attorney General to request all galamsey dockets for prosecution.
According to him, this has accelerated and improved the overall effectiveness of galamsey prosecutions in the Ashanti Region.