Attorney General and Minister for Justice, Godfred Yeboah Dame, has called on the Chief Justice to issue a directive mandating judges handling illegal mining (galamsey) cases to conclude ongoing trials within a month, starting from the new legal year on October 10, 2024.
This urgent plea was made during the Annual Conference of the Association of Magistrates and Judges of Ghana (AMJG), where Mr. Dame expressed deep concern over the slow pace of adjudicating galamsey cases, which have contributed to significant environmental degradation in Ghana.
“We are in an urgent national crisis, and all citizens and institutions with any role to play must be called to action,” Mr. Dame stressed. He pointed out that the slow pace of legal proceedings in these cases undermines the government’s efforts to combat illegal mining and protect the environment.
In his address to the judges and magistrates, the Attorney General underscored the critical need for swift justice in dealing with galamsey-related offenses. He highlighted the severe consequences illegal mining has on the country’s environment, particularly its forests and water bodies, which are essential for Ghana’s ecological and economic health.
Mr. Dame lamented that over 140 galamsey-related cases, involving more than 850 accused persons, remain unresolved in various courts across the country, with some dating back to 2020.
According to the AG, this backlog is unacceptable, especially considering the severe and lasting harm that illegal mining activities have inflicted on Ghana’s natural resources.
The Attorney General expressed particular frustration with the judiciary’s handling of the cases, noting that convictions are slow to materialize despite the gravity of the crimes. He called for a more proactive approach, emphasizing the need for speed and efficiency in resolving these matters.
In 2019, Ghana introduced amendments to the Minerals and Mining Act, increasing the penalties for those convicted of illegal mining activities. These amendments stipulated a minimum prison sentence of 15 years for Ghanaians found guilty of galamsey, along with hefty fines, while foreigners face a minimum 20-year sentence.
Despite these stricter laws, Mr. Dame noted that the deterrent effect of the new regulations is being diminished by the slow rate of convictions.
“Convictions are secured, but they come in trickles,” he said, adding that the judiciary must prioritize galamsey cases to reinforce the intended deterrence of these stringent penalties.
To remedy the situation, the Attorney General formally requested that the Chief Justice issue a directive requiring all judges handling galamsey cases to conclude trials within a one-month timeframe once the legal year commences in October.
Politicians Urged to Stop Supporting Illegal Miners
The Attorney General also took aim at political figures who, either through their actions or rhetoric, have advocated for those involved in galamsey.
“Politicians must desist from encouraging galamsey through their rhetoric and actions. Those who preach amnesty for galamsey offenders must be rejected.”
Godfred Yeboah Dame, Attorney General and Minister for Justice
Mr. Dame was firm in his stance that there should be no place for leniency in addressing galamsey crimes, given the risks they pose to the environment and the future of the nation.
He argued that such positions only serve to worsen the situation, calling on politicians to desist from encouraging illegal mining activities either directly or indirectly.
The Attorney General’s call for expedited trials comes at a time when public frustration over the galamsey crisis is mounting.
The urgency of the situation is reflected in recent government actions, including the launch of “Operation Halt,” a military-led initiative aimed at clamping down on illegal mining in water bodies and forest reserves.
However, as Mr. Dame noted, while these operations have been somewhat successful, the full force of the law must also be brought to bear on those involved in galamsey to ensure that deterrence is achieved.
In the words of the Attorney General, “The lives of citizens and the future of the nation depend on our collective response to this crisis.”
The hope is that by speeding up the trial process, the judiciary can help curb illegal mining activities and contribute to the restoration of Ghana’s natural resources.
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