The Attorney General, Dr. Dominic Akuritinga Ayine, has revealed significant challenges in prosecuting illegal mining offenses, or galamsey, citing constitutional rules and the judiciary’s tendency to grant bail to arrested miners.
Dr. Ayine presented his concerns during a presidential dialogue with Civil Society Organisations (CSOs) at the Jubilee House. The high-level meeting, which was designed to foster candid and constructive discussions, was convened by President John Dramani Mahama.
A letter signed by the Secretary to the President, Dr. Callistus Mahama, stated that the engagement was meant to “provide a platform for a frank and constructive dialogue,” between the government and civil society on the galamsey menace, with a view to harnessing collective expertise, perspectives, and solutions to address this national challenge.
Dr. Ayine focused his address on the enforcement arm of the government’s anti-galamsey fight, revealing that a staggering 1,400 arrests have been made. However, he lamented that the majority of those arrested are quickly released, hindering subsequent investigations.
“Now, in terms of prosecutions, the statistics that were given included 1,400 arrests. Now, the biggest problem we’ve had with the arrests is the 48-hours rule, the constitutional principle that we must bring them before the courts within 48 hours. Most of the judges have been granting them bail”
Dr. Dominic Akuritinga Ayine, Attorney General
The Attorney General recounted a specific incident involving the arrest of nine people in Kumasi, which illustrated the challenge posed by the judiciary, noting that the judges consistently granting bail to suspects was the most prevailing obstacle to successful prosecutions.
He described a call with an officer after the arrests of some illegal miners as a frustrating case in point.
“I told him to immediately place them before the court and then ask for them to be detained so that we can do our investigation. When they appeared before the court, Your Excellency, they were granted bail. Then they went back”
Dr. Dominic Akuritinga Ayine, Attorney General
Major Prosecutions Underway
Dr. Ayine revealed that according to the officer who was monitoring the situation, the very same suspects immediately returned to the forest to resume illegal mining activities. He explained that since they went back into the forest, they had committed a new offense, which allowed him to intervene directly.
This time round, he asked for them to be brought to Accra, instead of placing them before a court in Kumasi. “I’m dealing with them now. They are in detention and we will not release them,” he added.
He explained that should the High Court order their eventual bail, his office will go to the Court of Appeal and go to the Supreme Court to ensure that the galamseyers are held until the dockets are prepared, and they are sent to court for prosecution.
Despite the challenges with bail, the Attorney General’s office has significantly ramped up the prosecution process since the NDC assumed power. Dr. Ayine announced that his office has initiated prosecutions in 65 dockets. He clarified that this number represents much more than 65 individuals.
“So the 65 dockets, by my calculation, contain about 600 persons that are illegal minors that are being prosecuted,” he explained, providing a case breakdown, which noted that some of the dockets involve more than 10 people, with one case in the Western North region involving 28 minors.
The Attorney General also made a major announcement regarding one of the highest-profile galamsey cases in recent history. He stated that the police conducted a diligent investigation into Akonta Mining in 2022, but the docket was deliberately concealed until the current administration took over.
He recalled encountering initial difficulty in gathering information from the relevant agencies.
“Subsequently, the police themselves owned up and presented the docket to my office two months ago. So as we speak, the charges against Chairman Wontumi’s Akonta Mining, and five others have been signed”
Dr. Dominic Akuritinga Ayine, Attorney General
Dr. Ayine is now pushing for the prosecution to begin swiftly. While the lawyers for the primary suspect Bernard Antwi Boasiako popularly known as Chairman Wontumi requested to appear on Tuesday, the Attorney General is insisting on Monday.
He warned that if Chairman Wontumi does not comply, he is prepared to order for his arrest so that his rights can be read to him and prosecution can commence in Accra. To ensure that prosecutions move faster than normal and circumvent the delays caused by judicial procedures, the Attorney General’s office has approached the Chief Justice.
Dr. Ayine announced that the Chief Justice has agreed to assign specialized courts specifically for the prosecution of illegal mining cases, marking a significant step toward judicial efficiency in tackling the galamsey menace.
READ ALSO: Bullgod Describes Shatta Wale As His Most Challenging Artist
