Court gives state 14 days to respond in case challenging deportation of galamsey suspects

The High Court in Accra has directed state prosecutors to file their response within 14 days to an interlocutory injunction application filed by Democracy Hub LBG.

The civil society group is seeking to stop the government from deporting Chinese and other foreign nationals arrested for illegal mining without first prosecuting them under Ghanaian law.

During proceedings on Thursday, October 23, Assistant State Attorney Millicent Abban requested a one-month adjournment. She told the court that her office was still awaiting feedback from the Ghana Immigration Service and the Ministry of the Interior in order to prepare their response.

Counsel for the applicants, led by Oliver Barker-Vormawor, opposed the request. He argued that the injunction, which was filed on June 16, required urgent attention, especially as the state had already entered an appearance on July 17.

Presiding judge Justice Rev. George Aikins Ampiah-Bonney agreed that the state had filed no substantive response since entering appearance. Though he granted additional time, he reduced the extension to 14 days instead of the one month requested.

The case has been adjourned to November 10, 2025, for hearing.

Democracy Hub argues that the government has publicly stated it is “not interested in prosecuting foreigners involved in galamsey”, opting instead to deport them administratively.

Between 2021 and 2025, at least 107 foreign nationals—mostly Chinese—have reportedly been deported without trial.

The applicants say this policy violates the Constitution and the Minerals and Mining Act, 2006 (Act 703), and creates a discriminatory system where Ghanaians face long prison terms for similar offences.

They further argue that deportation without prosecution denies the state an opportunity to enforce environmental accountability and rehabilitation obligations critical to restoring damaged rivers and forests.