Government sued over deportation of foreign illegal miners without trial

 

Civil Society Organization Democracy Hub has sued the government for deporting foreign nationals arrested for illegal mining (galamsey) without prosecution.

The current President Mahama administration has deported over 100 foreign nationals involving in illegal mining and related offences.

But Civil Society Organization Democracy Hub in their legal action filed in Accra High Court said the deportation of foreign nationals arrested for engaging in illegal mining without prosecution constitutes a violation of Section 99 of the Minerals and Mining Act, 2006 (Act 703), which mandates prosecution for such offences.

“A Declaration that the stated policy and actions of the Minister for the Interior and the Ghana Immigration Service to deport foreign nationals without trial for galamsey offences are unlawful, ultra vires, and inconsistent with Article 19(2) of the Constitution of Ghana. A Declaration that the selective decision not to prosecute foreign nationals, while prosecuting Ghanaians for the same offences, constitutes unequal treatment before the law and violates Article 17 of the Constitution.” Part of the suit read.

Adding that “A Declaration that the Government of Ghana has no legal authority to substitute criminal prosecution with deportation for offences under Act 703, and such deportations amount to unlawful interference with the administration of justice. A Declaration that the policy of deporting foreign nationals accused of illegal mining, in lieu of prosecution under Ghanaian law, is not justified by any evidence of foreign prosecution and is therefore arbitrary, unlawful, and contrary to the rule of law.”

“A Declaration that the Government’s stated reliance on alleged foreign prosecution of deportees does not satisfy its legal duty to prosecute offences committed within Ghana under Section 99 of the Minerals and Mining Act, 2006 (Act 703).”

Civil Society Organization Democracy Hub wants the court to direct the Minister for the Interior, the Ghana Immigration Service, and the Attorney-General to immediately cease the deportation of foreign nationals arrested for illegal mining without first prosecuting them in accordance with Section 99 of Act 703.

“An Order compelling the Attorney-General to cause the prosecution of all foreign nationals already arrested for illegal mining but not tried in accordance with the law. An Order compelling the Minister for the Interior and the Ghana Immigration Service to disclose any and all documentation, diplomatic communications, or monitoring reports evidencing the prosecution of deported foreign nationals for illegal mining-related offences in their countries of origin.”

An Order restraining the Defendants from further deporting any foreign national arrested for illegal mining or other offences under Act 703 without first initiating and exhausting criminal prosecution in Ghana, unless directed otherwise by a court of competent jurisdiction.

An Order directing the Attorney-General to issue public guidelines on the treatment and prosecution of non-citizens under Section 99 of the Minerals and Mining Act, ensuring compliance with the Constitution and Ghana’s international obligations. An Order for the production of the list of all persons deported without trial for illegal mining-related offences from 2021 to 2025.

Source: Elvisanokyenews.net