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Media Coalition Slams Enchi Magistrate’s Controversial Ruling on Seized Excavators

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Ing. Kenneth Ashigbey, the convener of the Media Coalition Against Galamsey, has voiced strong objections to a recent court decision that allowed the return of excavators seized in an illegal mining operation in the Boin River Forest Reserve. Ashigbey labeled the ruling as “bizarre” and a major setback in the country’s ongoing efforts to combat illegal mining, which remains a significant threat to Ghana’s environment and natural resources.

The controversy surrounds a March 23, 2025, incident when Wisdom Amuzu and three accomplices were arrested for illegal mining activities within the protected Boin River Forest Reserve in the Western Region. The operation, conducted by officers from the Forestry Commission with support from the Enchi police, resulted in the confiscation of two excavators used in the illegal mining activities.

Despite the strong evidence of illegal mining and the seizure of the equipment, Magistrate Lawrence Buenor Buer of the Enchi Magistrate Court made a controversial decision. The ruling not only granted bail to Amuzu and his associates but also directed the Forestry Commission to allow Amuzu to remove the excavators and other seized equipment from the forest reserve to a location of his choosing.

Ashigbey criticized the decision in a Wednesday interview on the Citi Breakfast Show, arguing that it contradicted the Mining Act of Ghana, which is designed to crack down on illegal mining activities, particularly within forest reserves. He pointed out that under the law, individuals arrested for such crimes are supposed to face legal consequences without the option for seized equipment to be returned.

“The law is clear—anyone caught in the act of illegal mining in a forest reserve must be held accountable. There is no ambiguity in the law that permits a judge to return confiscated equipment,” Ashigbey said, describing the magistrate’s decision as a dangerous precedent that undermines the rule of law.

This ruling has sparked widespread outrage, as it is seen as undermining the government’s commitment to fighting illegal mining, a practice that has devastated large portions of the country’s forests, waterways, and agricultural lands. Ashigbey’s comments highlight growing concerns over the effectiveness of legal measures and judicial oversight in addressing the galamsey menace.

As the debate intensifies, there is a call for stricter enforcement of mining laws and for the judiciary to align its decisions with the broader national effort to preserve Ghana’s environmental resources.

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