In a ruling that has sparked controversy, the Enchi District Court has ordered the release of two excavators and other mining equipment seized from suspected illegal miners operating in the Boin River Forest Reserve in the Western North Region. The court’s decision, issued on March 28, 2025, has raised concerns about the ongoing fight against illegal mining, also known as galamsey.
The case, The Republic v. Wisdom Amuzu & Others, involved the arrest of four individuals by the Forestry Commission and the Enchi Police on March 23, 2025. The suspects were allegedly engaged in illegal mining within the forest reserve, leading to the confiscation of their excavators and other equipment. Following their arrest, the suspects were processed for court, and their equipment was seized in accordance with anti-galamsey laws.
However, the court not only granted bail to the accused persons but also ordered the Forestry Commission to release the excavators to them. The ruling further directed that the suspects be allowed to relocate the machines to a location of their choice, with the process being supervised by the Enchi District Police Commander or his representatives. The court gave a three-day deadline for the execution of this order.
Critics argue that this ruling directly undermines Ghana’s Forest Protection Act of 1974, which imposes severe restrictions on mining activities within protected forests. Given the well-documented devastation caused by illegal mining in the Western North Region, the decision has been described as a setback to Ghana’s fight against environmental degradation.
Environmental activists, security experts, and concerned citizens have expressed outrage, warning that the ruling sets a dangerous precedent. Many believe that such decisions weaken law enforcement efforts and encourage illegal miners to operate with impunity, knowing they can reclaim their equipment even after being caught.
With Ghana’s forests and water bodies already under severe threat from illegal mining, stakeholders are calling for a review of the ruling and urging the government to take stronger action against those who violate environmental laws. It remains to be seen whether the state will appeal the decision or introduce new legal measures to prevent a recurrence of similar cases that could further jeopardize the country’s natural resources.