In a surprising u-turn, the Enchi District Court has overturned its earlier ruling to release two Liugong excavators and other mining equipment that had been seized from illegal miners in the Boin Forest Reserve.
This decision, delivered on April 2, 2025, has set the stage for renewed legal proceedings, as the court declared its previous order to release the machinery to be null and void, citing errors in law.
The case dates back to earlier this year when the Ghana Police, in collaboration with the Forestry Commission, seized the two excavators as part of a crackdown on illegal mining activities in the Boin Forest Reserve, a vital ecological zone in the western north region of Ghana.
The illegal mining activities, also known as “Galamsey,” have long been a source of environmental degradation, deforestation, and water pollution, posing a significant challenge to the country’s efforts to protect its natural resources.
On March 28, 2025, in a surprising turn, the Enchi District Court had issued a ruling that called for the release of the excavators and other mining equipment back to the illegal miners.
The ruling sparked an outcry among environmentalists, government officials, and citizens who decried the move as a setback in the fight against illegal mining.
Many argued that the decision undermined efforts to preserve the country’s forests and restore the natural environment.
However, on April 2, 2025, the court revisited its decision.
In his ruling, Lawrence Buenor Buer acknowledged that the Enchi District Court did not have the proper jurisdiction to make decisions regarding the release of such mining equipment in cases involving illegal mining.
The judge clarified that the court was not authorized to entertain matters related to the confiscation of machinery in this context, emphasizing that the issue should be dealt with by a higher court with the appropriate legal authority.
“The District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters,” Judge Buer remarked, effectively nullifying the March 28 ruling.
He referenced legal precedents, including Supreme Court rulings in the Moshie vs. Begyina (1963) and Attoh Quarshie vs. Okpoti (1973) cases, which allow courts to correct their own mistakes in order to safeguard the integrity of the judicial process.
As a result of the new decision, the judge ordered that the excavators and mining equipment be retained by the Forestry Commission and the Enchi Police Command until a higher court with the appropriate jurisdiction could make a final determination on the case.
The case involves six individuals accused of illegal mining, four of whom are still at large.
The remaining two individuals have been arrested, but the case is yet to be fully adjudicated.
