Court to hear case against deporting foreign galamsey suspects without trial Oct 23

A High Court in Accra will on Thursday, 23 October 2025, hear a case challenging the government’s practice of deporting foreign nationals involved in illegal mining without putting them on trial.

The interlocutory injunction application was filed by civil society group Democracy Hub. The suit lists the Minister for the Interior, the Ghana Immigration Service and the Attorney-General as respondents.

Democracy Hub is asking the court to halt the deportation of foreign galamsey suspects until they are first prosecuted under Ghanaian law.

In its affidavit, the group cites public statements by government officials suggesting that the state is “not interested in prosecuting foreigners involved in galamsey” and prefers to remove them from the country as an administrative measure.

Available reports indicate that between 2021 and 2025, at least 107 foreign nationals — mainly Chinese — were deported without being tried in court.

The group argues that such a policy breaches the Constitution, the Minerals and Mining Act, 2006 (Act 703), and principles of equal justice.

“This approach undermines the rule of law and Ghana’s sovereign duty to apply its criminal laws equally to all persons within its territory,” Democracy Hub says in its court documents.

It also contends that the policy creates a two-tier justice system, where Ghanaian citizens face long prison sentences for illegal mining, while foreigners are allowed to exit the country without accountability.

Democracy Hub further claims that deporting suspects without trial weakens environmental justice efforts, as offenders escape punishment and avoid any responsibility for restoring damaged forests and water bodies.

The court’s decision is expected to have significant implications for the country’s handling of illegal mining cases involving foreign nationals.