Private legal practitioner, Martin Kpebu, has asserted that the Attorney-General's stance on the report concerning illegal small-scale mining (Galamsey) by former Minister for Environment, Science, Technology, and Innovation, Professor Kwabena Frimpong-Boateng, who also chaired the Inter-Ministerial Committee on Illegal Mining (IMCIM), should not go unchallenged.

The Office of the Attorney-General and Ministry of Justice has declared that the allegations made by former Chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM), Prof. Frimpong-Boateng, in his report on illegal mining activities in the country lack substantial evidence to warrant the prosecution of the individuals mentioned.

This comes after a comprehensive review of a docket submitted by the police regarding the accusations outlined in Prof. Frimpong Boateng's 36-page document titled "Report on the work of IMCIM so far and the way forward."

Prof. Frimpong-Boateng provided a list of government officials who, according to him, obstructed his anti-illegal mining efforts during his tenure as the Environment Minister.

In the document he submitted, the distinguished surgeon named specific individuals whom he alleges hindered both his personal efforts and the progress of the committee he led in combatting the issue commonly referred to as 'galamsey.'

But the Attorney-General's advice, dated Tuesday, September 12, and conveyed to the Criminal Investigations Department of the Ghana Police Service on Thursday, September 14, and signed by Chief State Attorney Evelyn Keelson, states that it cannot recommend the prosecution of any of the individuals cited in the report.

Consequently, the Attorney-General instructed the police to release the individuals mentioned from any legal action, with the exception of those who are still under ongoing investigation.

"The Attorney-General indicates that a careful study of the Report, the various documents and pen drives submitted to the Police did not disclose any evidence in support of the allegations made against the persons cited in the Report, with the exception of Seth Mantey, John Ofori Atta and Ekow Ewusi, in respect of whom the A-G instructs the Police to conclude their investigations and present a report to him."

"The A-G’s advice, however, notes that even though the Police diary of action shows that John Ofori Atta was invited by the police, there is no indication that he was interviewed or that a statement was taken from him. There is also no statement from Mr Ekow Ewusi on the docket. The A-G instructed the Police to wind up investigations on that issue and furnish him with a report on same."

Hence claims against the Information Minister, Kojo Oppong-Nkrumah, Charles Owusu, Charles Nii Teiko Tagoe, Reynolds Kwabi, a Director of Heritage Imperial Company Limited, Joseph Albert Quarm, Captain (rtd) Edmund Kojo Koda have not been proven.

In response, Mr Kpebu stated that apart from the matter of Seth Mantey, John Ofori-Atta and Ekow Ewusi, "the rest of the report present a white-washing of such blatant and flagrant destruction of our forest."

According to Mr Kpebu, he finds it difficult to accept that is the opinion of the Attorney-General as "it is not good."

"We have to wake up and make all the noise we can to indicate to the Attorney-General that this kind of legal opinion is not on in Ghana, we can’t allow that to stand," he said.

He further questioned the absence of the Minerals Commission in the A-G's investigations.

“I didn’t see any part of the report showing that proper investigations were conducted. What do I mean by that? Who went to the first to ascertain the destruction that Prof Frimpong-Boateng was talking about? None is shown in the opinion of the A-G. What inquiries were made from the Minerals Commission based on the pictures of the destruction that the Frimpong-Boateng showed? Was there any basis for the destruction, was C&J Aleska authorized to mine? As far as we are aware, I am going with Prof Frimpong-Boateng,  they were not authorized to mine, yet the A-G’s opinion doesn’t talk about investigations from the Minerals Commission. That is key because in Ghanaian law you cannot mine without a mining lease.”

REPORT ON ALLEGED INVOLVEME... by The Independent Ghana