Conclude trial of “Galamsey” cases in one month – Attorney General pleads with judges

The Attorney General and Minister of Justice, Godfred Yeboah Dame has appealed to judges hearing cases involving accused persons standing trial for “Galamsey” related offences to expedite the trials and complete them within the next one month in the new legal year (2024/2025).

Addressing members of the Association of Magistrates and Judges of Ghana (AMJG) at the 2024 edition of their annual conference held at the Labadi Beach Hotel on Tuesday, 2 October 2024, under the theme; “Improving the Security and Welfare of the Judiciary for Effective Justice Delivery,” Godfred Yeboah Dame said the speedy trial of Galamsey cases would serve as a deterrent to persons who intend to engage in “Galamsey.”

“A frequent complaint with justice delivery in this country is the slow pace at which the wheels of justice grind. One category of cases whose speed of resolution by our courts, I often lament is the trial of illegal mining cases. It is beyond argument that the form of illegal mining known as “galamsey” continues to wreak incalculable damage to our forest reserves and river bodies.

“A major setback to the struggle against galamsey is the rate of adjudication and punishment of offenders. The deterrence to galamsey sought to be achieved by the amendment to the Minerals and Mining Act in 2019, by requiring a punishment of a minimum of 15 years plus a heavy fine in the case of a Ghanaian, and a minimum of 20 years plus a hefty fine for a non-Ghanaian, is not aided by the tardiness of our courts in completing galamsey cases,” Godfred Dame remarked.

“Convictions are secured but they come in trickles. Currently, over 140 cases of illegal mining involving over 850 accused persons are pending in courts in the Western, Eastern, Ashanti, Greater-Accra, and Upper East Regions of Ghana. Some have been pending since 2020. This situation cannot be right. We are in an urgent national crisis and all citizens and institutions with any form of role to play must be called to action.

“I therefore respectfully call on you to direct all judges sitting on galamsey cases to conclude the cases, the hearing of which has started, within one month from the commencement of the legal year on 10 October 2024. Reasonably, it can be done. Indeed, if most of these cases are completed within a month, it will go a long way in delivering justice for the heinous harm caused to the people by the devastating act,” Dame further remarked.

“Politicians must also desist from encouraging galamsey through their rhetoric and actions. Those who preach amnesty for galamsey offenders must be rejected. There should be no place for the grant of amnesty for such crimes in our body politic as the lives of citizens and the future of our nation are at risk,” the Attorney General added.

Better service conditions

In his address, the Attorney General indicated that his office is committed to partnering with the Judicial Service of Ghana to ensure that the conditions of service of magistrates and judges are improved. The AG assured the Chief Justice, the magistrates, and the judges of his full support to enhance their ability to deliver on their mandate.

“Your ladyship, you can be assured that in my Office, you have an ally for the betterment of conditions of service of the Judiciary. The contribution of the Akufo-Addo administration to the improvement of conditions in the Judicial Service is well documented and I will not bore you by repeating same here.

“The Judiciary has over the last 8 years seen the most massive improvement in infrastructure since independence with the construction of over 100 courthouses and 120 bungalows as well as the advancement in digitisation of the Judiciary We will be at the forefront of the advocacy for the provision of better conditions of services and facilities for judges and magistrates,” the Attorney General said.

“We will also be ready and willing partners for the pursuit of any measures that will enhance the ability of judges to deliver on their constitutional mandate in a safe, sound, and healthy environment, with the security and welfare of judges and magistrates being the driving force,” the Attorney General added.