A legal action has been initiated against the government by the Civil society organization Democracy Hub over its controversial policy of deporting foreign nationals arrested for illegal mining (galamsey) without prosecution.

According to the group’s writ of summons, filed at the High Court in Accra, the government's deportation approach breaches Section 99 of the Minerals and Mining Act, 2006 (Act 703), which mandates prosecution for illegal mining offenses.

"The selective decision not to prosecute foreign nationals, while prosecuting Ghanaians for the same offences, constitutes unequal treatment before the law," and "Deportation, in the absence of conviction, does not satisfy the objectives of deterrence and may embolden perpetrators," the group indicated in its writ.

The Minister for Interior Muntaka Mohammed-Mubarak, the Ghana Immigration Service (GIS), and the Attorney-General are the main parties cited in the lawsuit.

According to the organisation, Ghana’s justice system operates on double standards, with locals prosecuted while foreign nationals involved in the same offenses are only deported.

It rejected the government’s claim that deportees are later prosecuted in their home countries, labelling the assertion “speculative and unsubstantiated.”

Democracy Hub is also pushing for transparency by demanding that the state make public any diplomatic exchanges or reports proving such prosecutions. The lawsuit seeks court declarations to invalidate the deportation policy, stop future deportations without trial, and compel disclosure of all documents concerning deported individuals.

The group is further requesting GH¢300,000 as compensation for legal costs.

According to Myjoyonline.com, over 100 foreign nationals, including Chinese citizens, have been deported for engaging in illegal mining (commonly known as galamsey) and related offences since the NDC government took office.

A prominent environmental advocacy group, Eco-Conscious Citizens, also opposed the government’s policy of deporting foreign nationals involved in illegal mining (galamsey) without trial.

During an engagement with the Ashanti Regional Police Command in April, Minister Muntaka announced that the government would deport foreigners involved in illegal mining activities instead of prosecuting them. He argued that this approach would protect the environment and save the country money.

"We have resolved, as a new policy, that for two things—whether you’re involved in galamsey or cutting down our trees unlawfully, or engaging in fraudulent activities, whether through computer fraud or other means—when we arrest any foreigner, we are not interested in prosecuting them. Our first option is to take them back to their country,” Muntaka stated.

The decision has faced backlash from environmental groups, with Eco-Conscious Citizens strongly opposing it. The group’s Coordinator, Awula Serwah, shared her concerns during an interview on Morning Starr with Naa Dedei Tettey. She emphasized that merely deporting offenders without any legal consequences would fail to serve as a deterrent to future violations.

“If someone is involved in environmental terrorism, destroying our forest reserves and poisoning our water bodies, and what you’re saying is that they can come to Ghana, engage in these activities, and when we catch them, we just pay for their fare to return to their country without prosecution, no jail time, and no restitution—then that’s not a deterrent,” Serwah said.

Serwah went on to explain that such a policy would encourage more foreigners to engage in galamsey, as the risks of facing severe legal consequences are minimized. She also pointed out that Ghana's porous borders make it easy for offenders to return under different identities, referencing the case of Aisha Huang, a notorious galamsey queenpin who was deported but later returned to continue illegal mining activities.

She argued that the policy undermines the rule of law, particularly the provisions of the Lands and Minerals Act, which mandates the prosecution of individuals caught engaging in illegal mining. "The idea that we won’t prosecute them to save money doesn’t stand scrutiny. You need to deal with them robustly to discourage them from coming. You need to prosecute and imprison them, and then after they’ve served their sentences, they can return to their country,” Serwah added.

Eco-Conscious Citizens urged the government to reconsider its approach, calling for tougher measures such as prosecution and imprisonment to deter foreign nationals from engaging in illegal mining in Ghana.

Months ago, the Interior Ministry stressed that the deportation policy is not intended to favour foreigners or show leniency. Instead, it is designed to prevent further abuse of Ghana’s legal system and to safeguard national interests.

“You arrest about 80 Chinese, and you have to find a place to keep them, and then sometimes even vehicles to take them to court are a problem. You go to court and they succeed in getting bail," Deputy Interior Minister Ebenezer Terlarbi argued on JoyNews’ PM Express.

Mr Terlarbi further explained that the sheer logistical, legal, and financial burden of keeping foreign galamsey suspects in Ghana’s already overstretched prison system has forced the government to consider what he called a “more innovative” path.

“We are looking at 1,400 inmates we have now, and feeding them is even a problem. So if there’s a way not to exacerbate the situation by sending them back to their home countries, I think that I would opt for that,” he stated.

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