Enchi Court Makes U-turn On Galamsey Case, Says Ruling Was Wrong In law

The Enchi District Court in the Western North Region has reversed its earlier ruling on the release of mining equipment seized from illegal miners within the Boin Forest Reserve.

The court, presided over by His Worship Lawrence Buenor Buer, ruled on Wednesday, April 2, 2025, that its initial order was erroneous and lacked jurisdiction.

The case, involving six defendants—four of whom are absent and two declared at large—centers on illegal mining activities, commonly referred to as “galamsey.”

The court acknowledged that its earlier decision on March 28, 2025, to release two Liugong excavators and other mining equipment to their owners for evacuation and relocation, was “wrong in law.”

Upon reviewing the facts and applicable mining laws, the court declared its previous order null and void.

“This District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters by making those orders,” stated His Worship Buenor Buer.

The court exercised its inherent powers to set aside the previous ruling and issued a fresh order.

Under the new directive, the court ordered the retrieval of the two excavators and other mining equipment.

These assets are to be handed over to the Enchi Forestry Commission for safekeeping until the proper forum with jurisdiction determines the case.

The police and Forestry Commission have been tasked with tracing, locating, and intercepting the equipment to ensure compliance with the court’s new orders.

Citing legal precedents such as Moshie v. Begyina and Attoh Quarshie v. Okpoti, the court emphasised its authority to correct its own errors to uphold justice and maintain the integrity of the judicial process.

 

 

 

 

 

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