The Attorney General and Minister of Justice, Godfred Yeboah Dame, has disclosed that 850 individuals are currently facing prosecution across various courts in Ghana for their involvement in illegal mining activities, commonly known as “galamsey.”
This revelation was made during his address as the leader of the Bar at the 2024 Ghana Bar Association (GBA) annual general conference, held at the Great Hall of the Kwame Nkrumah University of Science and Technology (KNUST) on Monday, 9th September 2024.
In his speech, the AG emphasized the destructive impact of illegal mining activities on Ghana’s natural resources. He highlighted that galamsey continues to cause “incalculable damage” to forest reserves and water bodies, posing long-term environmental and social risks.
“From August 2021 to date, at least 76 persons, including eighteen (18) foreigners, have been convicted.
“They include the acclaimed Chinese galamsey queen, Aisha Huang, who was convicted on 4th December, 2023, of offences committed between 2014 and 2016 in the era of the previous government.”
Godfred Yeboah Dame, Attorney General and Minister of Justice
River bodies across the country, which serve as essential water sources for many communities, have been particularly affected. The Attorney General noted that combating galamsey has been a priority for the government, although the challenges in prosecuting such cases remain substantial.
Despite the legal hurdles, he acknowledged the ongoing efforts of the Criminal Division in prosecuting illegal mining-related offenses, stressing that while there has been some success, much more remains to be done to safeguard Ghana’s environment from the scourge of illegal mining.
The Attorney General pointed out that the convicted individuals were sentenced under the amended Minerals and Mining Act, Act 995, which carries stricter penalties for both Ghanaians and non-Ghanaians.
Ghanaians convicted under this law face a minimum sentence of 15 years in prison along with a heavy fine, while foreigners convicted of similar offenses face a minimum of 20 years in prison and an even heftier fine. This shift toward harsher sentences aims to deter individuals and groups from engaging in illegal mining activities.
The AG revealed that currently, over 140 cases involving the prosecution of more than 850 individuals are ongoing in courts across the Western, Eastern, Ashanti, Greater Accra, and Upper East Regions.
According to AG, some of these cases are nearing conclusion, offering a glimpse of hope in the fight against illegal mining in Ghana.
Prosecutorial Challenges and Legislative Framework
Despite the progress made, the AG highlighted the numerous challenges prosecutors face in handling galamsey-related cases. These include difficulties in securing evidence, delays in the judicial process, and the influence of powerful individuals involved in the illegal mining sector.
Nevertheless, he expressed optimism about the ability of the Criminal Division to secure more convictions, while acknowledging the need for further improvements in the prosecution process.
The Attorney General and Minister of Justice also took the opportunity to praise the unsung heroes within the Office of the Attorney General, particularly the Legislative Drafting Division.
“They are that army of well-disciplined, properly trained, meticulous lawyers whose task it is to set the legislative framework for all that the Attorney General’s department does,” the AG stated.
Without the Legislative Drafting Division, he emphasized, none of the three arms of government — the executive, judiciary, or legislature — would be able to function effectively. The Legislative Drafting Division has been instrumental in shaping Ghana’s legal landscape.
According to Dame, they have been responsible for drafting approximately 60 Acts of Parliament and numerous subsidiary legislations during his tenure. He underscored their pivotal role in carrying out his vision of law reform, which has focused on both civil and criminal law.
The Attorney General’s address served as a reminder of the need for continued vigilance and coordinated action in protecting Ghana’s natural resources from the threat of illegal mining.
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