The Enchi District Court in the Western North Region has overturned its previous ruling regarding the release of mining machinery confiscated from individuals engaged in illegal mining within the Boin Forest Reserve.
Presiding over the case on Wednesday, April 2, 2025, His Worship Lawrence Buenor Buer determined that the court’s initial directive was issued in error and exceeded its authority.
The matter involves six accused persons, with four unaccounted for and two officially declared as fugitives. It revolves around unlawful mining operations, commonly known as “galamsey.”
The court recognized that its prior ruling on March 28, 2025, which permitted the return of two Liugong excavators and other mining tools to their owners for removal and relocation, was legally flawed.
Following a reassessment of the case and relevant mining regulations, the court nullified its previous directive.
His Worship Buenor Buer stated, “This District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters by making those orders.”
Invoking its inherent authority, the court rescinded the earlier ruling and issued a new directive.
Under this latest order, the two excavators and other confiscated equipment must be reclaimed and placed under the custody of the Enchi Forestry Commission until a competent court with proper jurisdiction adjudicates the case.
Law enforcement and officials from the Forestry Commission have been assigned the responsibility of locating, seizing, and securing the machinery to ensure compliance with the new ruling.
Referring to legal precedents, including Moshie v. Begyina and Attoh Quarshie v. Okpoti, the court reaffirmed its right to rectify its own misjudgments in the pursuit of justice and to uphold judicial integrity.
