Democracy Hub Sues Ghana Government Over Deportation of Foreign Galamsey Offenders

Civil society organisation Democracy Hub has filed a landmark lawsuit at the High Court in Accra, seeking to stop the government’s practice of deporting foreign nationals arrested for illegal mining (galamsey) without prosecuting them in accordance with Ghanaian law.

The suit, which lists the Minister for the Interior, Ghana Immigration Service (GIS), and Attorney-General as defendants, argues that this policy violates Section 99 of the Minerals and Mining Act, 2006 (Act 703), which mandates the prosecution of all individuals involved in illegal mining.

“The law is clear. Illegal mining is a criminal offence under Ghanaian law. Deporting offenders without trial undermines the rule of law and sets a dangerous precedent,” Democracy Hub said in a statement.

Two-Tier Justice Alleged

Democracy Hub contends that more than 100 foreign nationals, primarily Chinese, Burkinabé, and Togolese, have been deported without facing trial—while Ghanaian citizens caught for the same offences are prosecuted and jailed.

“This selective enforcement of justice violates not only the Minerals and Mining Act but also the principles of fairness, transparency, and accountability in our justice system,” the group argued.

Government’s Defense: National Interest

The Ministry of the Interior defended the deportation policy, claiming it is essential for protecting national security and preventing legal loopholes or diplomatic complications.

“Deportation is a tool used strategically when prosecution may not serve the country’s best interest,” the Ministry said.

However, critics argue that such actions weaken the deterrent impact of Ghana’s anti-galamsey measures and allow foreign offenders to escape justice.

Test Case for Environmental Justice

The lawsuit is set to test the balance between immigration enforcement and accountability for environmental crimes that have caused severe damage to Ghana’s land and water bodies.

Legal experts believe this case could define how Ghana tackles cross-border environmental crime and clarify the limits of executive power in applying the law.

“This case is a defining moment in Ghana’s fight against illegal mining. It will determine whether the government can sidestep its own laws under the guise of national interest,” one constitutional lawyer observed.

As proceedings begin, Ghanaians await a judicial ruling that could reshape the nation’s approach to environmental protection, justice, and sovereignty.