Democracy Hub Sues Gov’t Over Deporting Illegal Miners

The civil society organization, Democracy Hub, has taken legal action against the Government of Ghana, challenging the continued deportation of foreign nationals arrested for illegal mining without subjecting them to judicial trial. The suit, filed at the Accra High Court, lists the Interior Minister, the Ghana Immigration Service, and the Attorney-General as respondents. Democracy Hub argues that the government's actions contravene Section 99 of the Minerals and Mining Act, 2006 (Act 703), which mandates prosecution—not deportation—for illegal mining activities. They believe this practice violates the constitutional rights of due process and equal protection before the law.

According to Democracy Hub, the ongoing deportation of foreign nationals—many of them Chinese—creates a two-tier justice system that unfairly distinguishes between Ghanaians and foreigners. While Ghanaian citizens caught in illegal mining operations are prosecuted and imprisoned, foreign offenders are simply deported, potentially escaping real consequences. The group asserts that this undermines the rule of law, erodes deterrence, and sends a troubling message that foreign illegal miners can commit environmental crimes in Ghana without facing prosecution.

The group is asking the court to declare the deportation policy unlawful and to compel the government to disclose all official communications and agreements regarding the removal of foreign illegal miners. They also want a permanent injunction placed on future deportations without trial and are seeking a cost award of GH₵300,000. Meanwhile, government officials have defended the policy as a practical solution to overwhelming prison overcrowding and limited judicial capacity. However, Democracy Hub maintains that convenience should not override constitutional obligations and justice.

Source: MyJoyOnline.com {https://www.myjoyonline.com}