The Enchi District Court in the Western North Region has made a dramatic U-turn, reversing its earlier ruling that ordered the Enchi Division of the Forestry Commission to release seized equipment to four individuals arrested for illegal mining in the Boin River Forest Reserve on March 23, 2025.
The court initially granted the suspects bail and directed the Forestry Commission to return their impounded excavators and other equipment within three days.
The court, led by His Worship Lawrence Buenor Buer, on April 2, declared its initial order “wrong in law” and lacking jurisdiction.
The case involves six defendants, four of whom are absent, and two declared at large, all accused of illegal mining activities, commonly known as “galamsey.”
The court’s change of heart is a significant development in the fight against illegal mining in Ghana. The court reversed its initial order after reviewing the facts and mining laws. His Worship Buenor Buer stated that the District Court lacks jurisdiction over illegal mining cases.
The court then exercised its powers to set aside the previous ruling and issued a new order to retrieve the excavators and mining equipment.
The court has ordered that the seized assets be handed over to the Enchi Forestry Commission for safekeeping until the case is determined by the proper authority.
To ensure compliance with the new orders, the police and Forestry Commission will work together to trace, locate, and intercept the equipment.
In making this decision, the court cited precedents such as Moshie vs. Begyina and Attoh Quarshie vs. Okpoti to assert its authority to correct its own errors and uphold justice.
This move aims to maintain the integrity of the judicial process and ensure that the rule of law is upheld.
The Manager of Enchi Division of the Forestry Commission, Joe Appiah Frimpong, has expressed his satisfaction with the recent court ruling in a telephone conversation with 3news.com.
According to Frimpong, this ruling will encourage the Forestry Commission to intensify its efforts in combating illegal mining activities.
The ruling, which reversed an earlier order, has been seen as a significant victory for the Forestry Commission and its efforts to protect Ghana’s forest reserves.
