The High Court of Ghana will, on Thursday, October 23, 2025, hear an interlocutory injunction application seeking to stop the government from deporting foreign nationals involved in illegal mining (galamsey) without first prosecuting them in Ghana.
The suit, filed by civil society group Democracy Hub, targets the Minister for the Interior, the Ghana Immigration Service, and the Attorney-General.
It challenges the state’s policy of deporting foreign nationals engaged in galamsey as an administrative measure rather than pursuing criminal prosecution.
According to the affidavit in support of the application, the government has publicly declared that it is “not interested in prosecuting foreigners involved in galamsey”, opting for deportation instead.
Between 2021 and 2025, at least 107 foreign nationals — mostly Chinese — have reportedly been deported under this policy without trial.
Democracy Hub argues that the government’s current approach violates Ghana’s Constitution, the Minerals and Mining Act, 2006 (Act 703), and fundamental principles of equality and due process.
“This policy undermines the rule of law and Ghana’s sovereign duty to apply its criminal laws equally to all persons within its territory,” the group stated in its court documents.
The group further contends that the deportation practice creates a “discriminatory dual system” where Ghanaians face lengthy prison sentences for the same offences, while foreigners are allowed to leave without accountability.
Democracy Hub also argues that the policy defeats environmental justice efforts, as offenders evade punishment and rehabilitation obligations that are critical to restoring Ghana’s degraded forests and polluted river systems.
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