The civil society organization Democracy Hub has initiated legal action against the government, contesting its policy of deporting foreign nationals engaged in illegal mining without subjecting them to legal prosecution.
The lawsuit, submitted to the High Court in Accra, identifies the Minister for the Interior, the Ghana Immigration Service (GIS), and the Attorney-General as the parties being sued.
Democracy Hub contends that the government’s deportation policy infringes upon Section 99 of the Minerals and Mining Act, 2006 (Act 703), which requires the prosecution of individuals involved in illegal mining, commonly known as galamsey.
The organization claims that more than 100 foreign nationals implicated in galamsey and associated activities have been deported without being tried in Ghanaian courts.
Conversely, the Interior Ministry has defended the policy, asserting that it is not intended to favor foreign nationals or to exhibit leniency.
Instead, it stated that the initiative aims to prevent further exploitation of the legal system and to safeguard the national interest of the country.
This case is anticipated to evaluate the equilibrium between immigration enforcement and compliance with the legal regulations governing mining operations in Ghana.