Enchi court reverses earlier order releasing excavators seized in galamsey activity

The Enchi District Court has nullified its earlier decision to release two Liugong excavators and other mining equipment confiscated from individuals accused of illegal mining in the Boin Forest Reserve.

Delivering the ruling on April 2, 2025, Judge Lawrence Buenor Buer admitted that the court lacked the authority to issue the release order made on March 28. He emphasized that the court overstepped its jurisdiction in matters relating to illegal mining activities, rendering the prior decision legally flawed.

“In cases involving illegal mining, the District Court does not have the jurisdiction to adjudicate such issues,” Judge Buer clarified.

The court's reversal follows public concern over the initial ruling, which many believed undermined efforts to curb illegal mining. In response, Judge Buer directed the Enchi Police Command and the Forestry Commission to retrieve and safeguard the equipment.

He further explained, “Given that the earlier order was void, it is hereby set aside along with any subsequent instructions for the release of the excavators and related equipment.”

The confiscated machinery will now remain in the care of the Forestry Commission until a court with proper jurisdiction decides the matter.

In his judgment, Judge Buer referenced key Supreme Court decisions—Moshie v. Begyina (1963) and Attoh Quarshie v. Okpoti (1973)—affirming the principle that courts can revisit and correct their own rulings to uphold judicial integrity.

The case centers around six suspects allegedly involved in illegal mining operations. Four of the accused are currently unaccounted for, while two others are believed to be on the run.