The Attorney General and Minister for Justice, Godfred Yeboah Dame, has called on the Chief Justice to direct all judges sitting on illegal mining (galamsey) cases to conclude the cases, hearing of which has started, within one month from the commencement of the new legal year on October 10, 2024.
According to him, 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.
Mr. Dame indicated that it is beyond argument that illegal mining continues to wreak incalculable damage to forest reserves and river bodies, pointing out that a major setback to the struggle against galamsey is the rate of adjudication and punishment of offenders.
Mr. Dame was speaking that this year’s annual general meeting of the Association of Magistrates and Judges of Ghana (AMJG) in Accra yesterday under the theme: “Improving the Security and Welfare of the Judiciary for Effective Justice Delivery.”
He pointed out that currently, 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, with some pending since 2020.
“This situation cannot be right. We are in urgent national crisis and all citizens and institutions with any form of role to play must be called to action,” he stressed.
Political Rhetoric
The Attorney General also decried comments by politicians, especially those that suggest amnesty for people who have been tried and jailed for engaging in illegal mining.
He called on politicians to desist from encouraging galamsey through their rhetoric and actions, stating that “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 future of our nation are at risk.”
Electoral Dispute
Mr. Dame also called on the Judiciary to play a role in promptly resolving disputes arising out of the 2024 elections.
In this regard, he indicated that his office is ready to present to Parliament a proposed amendment to the Representation of the Peoples Law, 1992 (PNDCL 284), which seeks to speed up the process for adjudicating parliamentary election disputes.
“By this, the time for presentation of a parliamentary election challenge will be reckoned from the declaration of results at the constituency collation centre and not the publication of the results in the gazette.”
He added that as the nation prepares for the December 7 elections, it is even more important for the Judiciary to demonstrate that justice is dispensed according to law and not emotions, popular opinion or public sentiments.
Violent Protest
Mr. Dame touched on a recent demonstration held by a group calling itself ‘Democracy Hub’ which turned chaotic, noting that there are attempts to create tension ahead of the elections and instill fear into people through demonstrations which, in some cases, are a ruse for mounting an attack on the security forces of our nation and disrupting the running of essential public services.
Whilst acknowledging the legitimacy of concerns which motivates some protests, he said the state must deplore and in fact, prosecute acts of protesters which threaten the running of essential services, infringe on the right to free movement of others or attack the safety of security forces because such acts endanger the entire society and have a real tendency to destroy the peace of the nation ahead of the upcoming elections.
He cited cases from the United States and the United Kingdom where organisers and participants in violent protests have been jailed, and indicated that the lesson to be learnt from them is that the legitimacy of the declared object of specific protests does not matter.
Mr. Dame, therefore, called on the Ghana Police Service to swiftly conclude investigations by the next adjourned dates of the cases involving the protesters so as to exclude by that date, all those against whom sufficient evidence cannot be found to proceed further.
He also advised the prosecution to consider relevant bail applications made at the next adjourned dates of the cases.
Source:dailyguidenetwork.com