–BY Issah Olegor
Civil society organization Democracy Hub has filed a lawsuit against the government, challenging its policy of deporting foreign nationals arrested for illegal mining (galamsey) without prosecution.
The lawsuit names the Minister for the Interior, the Ghana Immigration Service (GIS), and the Attorney-General as defendants.
The government’s deportation policy has been in place since the current administration took office, with over 100 foreign nationals, including Chinese citizens, deported for engaging in illegal mining and related offenses.
The Interior Ministry has justified the policy, citing logistical, legal, and financial burdens associated with prosecuting foreign nationals.
However, Democracy Hub argues that the deportation practice violates Section 99 of the Minerals and Mining Act, 2006 (Act 703), which requires prosecution for illegal mining offences.
The group also claims that the policy breaches constitutional guarantees of equality before the law (Article 17) and the right to a fair trial (Article 19(2)).
Democracy Hub’s lawsuit highlights the government’s alleged selective decision not to prosecute foreign nationals while prosecuting Ghanaians for the same offenses, constituting unequal treatment before the law.
The group also argues that deportation without conviction does not satisfy the objectives of deterrence and may embolden perpetrators.
The lawsuit seeks multiple remedies from the court, including declarations that the deportation policy is unlawful, orders to cease deportations without prosecution, and the disclosure of all documents related to deported individuals.
Democracy Hub is also seeking costs of GHS300,000 for legal expenses.
