Civil society group Democracy Hub has filed a lawsuit against the Ghanaian government, challenging its policy of deporting foreign nationals arrested for illegal mining—locally known as galamsey—without prosecuting them.
The case, filed at the High Court in Accra, names the Minister for the Interior, the Ghana Immigration Service, and the Attorney-General as defendants. Since the current government assumed office, over 100 foreigners, including Chinese nationals, have been deported for engaging in illegal mining activities.
The Interior Ministry has defended the policy, citing logistical and financial burdens on the prison system, and described deportation as a pragmatic approach to protect national interests and prevent abuse of the legal process.
However, Democracy Hub contends that the practice violates Ghana’s Minerals and Mining Act, which mandates prosecution and imprisonment for illegal mining offenses.
The group also argues the policy breaches constitutional provisions guaranteeing equality before the law and the right to a fair trial.
According to the writ, the selective deportation of foreign offenders, while Ghanaians face jail time for the same crimes, creates a discriminatory two-tier justice system and undermines deterrence.
The organisation insists that deportation without prosecution
