The High Court in Accra has ordered state prosecutors to file their responses to an interlocutory injunction filed by Democracy Hub LBG against the Minister for the Interior, the Ghana Immigration Service, and the Attorney-General within 14 days.
The action seeks to restrain the government from deporting Chinese and other foreign nationals arrested for engaging in galamsey (illegal mining) and related environmental offenses without first prosecuting them under Ghanaian law.
In court on Thursday, October 23, Millicent Abban, an Assistant State Attorney, prayed the court for a month’s adjournment.
Her reason was that the office had written to the other respondents for their comments, which were yet to be received, for them to prepare for the case.
Counsel for Democracy Hub, led by Oliver Barker-Vormawor, said the case was filed on June 16, and the state entered appearance on July 17.
To this, he said the injunction application ought to be dealt with urgency and suggested they could oblige them for a week.
Justice Rev. George Aikins Ampiah-Bonney, the presiding judge said no processes had been filed since the case was served on the AG, except the entry of appearance on July 17.
Though granting the request of the state for an extension of time, the court said instead of the one month sought, the court would order the state to file their response within 14 days.
The case has been adjourned to November 10, 2025, for hearing.
Background
In the Applicant’s affidavit in support of the application, they argued that the Government has publicly declared that it is “not interested in prosecuting foreigners involved in galamsey”, opting instead for deportation as a matter of administrative policy.
It said, between 2021 and 2025, at least 107 foreign nationals have reportedly been deported under this policy without trial.
The Plaintiff argued that the Government’s current practice of deporting foreign nationals without trial violates the Constitution, the Minerals and Mining Act, 2006 (Act 703), and fundamental principles of equality and due process.
Democracy Hub contended that this policy undermines the rule of law and Ghana’s sovereign duty to apply its criminal laws equally to all persons within its territory.
It also argued that, that position Creates a discriminatory dual system where Ghanaians face lengthy prison terms for the same offence, while foreigners are allowed to leave without accountability.
Defeats environmental justice, as offenders evade punishment and rehabilitation obligations critical to restoring Ghana’s devastated river systems and forests.
End.
Source: Starrfm.com.gh
