Democracy Hub has sued government’s over deporting foreign illegal miners without trial
Advocacy group Democracy Hub has sued the government over its policy of deporting foreign nationals arrested for engaging in illegal mining, commonly known as galamsey, without prosecuting them.
According to a writ of summons filed at the High Court in Accra on Tuesday, June 17, 2025, Democracy Hub argues that the government’s policy violates Section 99 of the Minerals and Mining Act, 2006 (Act 703), which mandates prosecution for illegal mining offenses.
The group also contends that the deportation policy breaches constitutional guarantees of equality before the law (Article 17) and the right to a fair trial (Article 19(2)).
Democracy Hub noted that the government has unlawfully substituted criminal prosecution with deportation for offenses under Act 703, even though the law prescribes a mandatory jail term of up to 25 years for illegal mining.
“The selective decision not to prosecute foreign nationals, while prosecuting Ghanaians for the same offenses, constitutes unequal treatment before the law,” the suit states. “Deportation, in the absence of conviction, does not satisfy the objectives of deterrence and may embolden perpetrators.”
The organisation further expressed concern over what it describes as a discriminatory, two-tier justice system, where Ghanaians face full prosecution while foreign nationals are simply deported.
Democracy Hub is also calling for full disclosure of any diplomatic communications or documentation that might verify the prosecution of such foreign nationals in their home countries.
In the lawsuit, the group is seeking multiple remedies from the court, including:
• A declaration that the deportation policy is unlawful,
• An order to halt deportations without prosecution,
• Full disclosure of all documents relating to the deported individuals, and
• A compensation of GH¢300,000 for legal expenses.
JKB/MA
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