Chief Justice Gertrude Torkornoo has addressed the recent criticisms by Attorney General Godfred Yeboah Dame regarding the delays in illegal mining, commonly referred to as galamsey, cases in Ghana.
In her remarks, Chief Justice Torkornoo clarified that these delays are primarily attributed to the actions of prosecutors rather than the judiciary itself.
This statement comes in response to mounting pressure for the judicial system to expedite rulings on these critical environmental cases.
The Attorney General previously called for judges to expedite decisions on galamsey cases, urging them to deliver verdicts within a month.
During his address on October 2, 2024, Mr Dame highlighted the urgency of the situation, arguing that swift judicial action is essential to mitigate the severe environmental damage caused by illegal mining activities.
He expressed concern that prolonged delays in the legal process are allowing the degradation of Ghana’s water bodies and forest reserves to continue unabated.
At the Annual Conference of the Association of Magistrates and Judges of Ghana, Mr Dame voiced his frustration over the slow pace of prosecuting these cases, which he believes is contributing to the ongoing environmental crisis.
He emphasised that without urgent judicial intervention, the nation’s natural resources remain at risk, necessitating immediate and decisive action from the courts to protect Ghana’s ecosystems.
“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, 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,” he stated.
In her response, Chief Justice Torkornoo acknowledged the concerns raised by the Attorney General but reiterated that the judiciary cannot be solely blamed for the delays.
She emphasised that the prosecution plays a significant role in the timely resolution of cases and that improving the efficiency of prosecutorial processes is crucial for expediting justice.
“On the issue of delays in galamsey cases, the Attorney General will acknowledge that our engagements have shown delays in the work of prosecutors,” Gertrude Torkornoo said.
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