Godfred Dame, the Attorney-General and Minister of Justice, has appealed to the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, to direct all judges hearing galamsey cases to finish the hearings within one month.
Delivering a speech at the Annual Conference of Magistrates and Judges of Ghana on Wednesday, October 2, 2024, Godfred Dame decried the delay in the prosecution of galamsey-related cases.
“I therefore respectfully call on you to direct all judges sitting on galamsey cases to conclude the cases, the hearing of which has started, within one month from the commencement of the legal year on 10th October 2024.
“Reasonably, it can be done. Indeed, if most of these cases are completed within a month, it will go a long way in delivering justice for the heinous harm caused to the people by the devastating act,” he said.
Godfred Dame also urged politicians to refrain from promoting activities of illegal mining with their public statements.
He noted that the promise of granting amnesty for convicted illegal miners is condemnable and should not be encouraged.
“Politicians must also desist from encouraging galamsey through their rhetoric and actions. Those who preach amnesty for galamsey offenders must be rejected. There should be no place for the grant of amnesty for such crimes in our body politic as the lives of citizens and the future of our nation are at risk.”
The attorney general also defended the decision by the state to prosecute the arrested protestors, noting that their conduct was an affront to the Constitution.
“As a renowned demonstrator myself (one of the founders of the Alliance for Accountable Governance who in 2009/2010, embarked on many peaceful protests in Accra), I stand fully for the realization of the right to freedom of expression. However, that right is always exercised subject to the injunction contained in Article 12(2) of the Constitution, i.e., the public interest and respect for the rights and freedoms of others. The peace and territorial integrity of our nation at this time (almost 2 months before Election 2024) is far greater than the pursuit of any parochial political goals, just as the right to free expression is no more paramount than the right of others to access essential services and the duty of the Police to maintain the peace of Ghana.
“As I always say, freedom is not free. It is accompanied by serious responsibilities. It is up to the entire nation, particularly the Judiciary, to ensure that the gains and triumphs of the past remain intact for generations of Ghanaians unborn. The rule of law is fragile. The rule of law is based on the people, and democracy is based on the people. Thus, when a small proportion of the same people imperil the democracy we live, the institutions of justice must respond according to law,” he said.
Godfred Dame further admonished the Ghana Police Service to expedite investigations into the case of the arrested demonstrators and also consider bail applications for the suspects.
“Having said this, I urge the Police Service to swiftly conclude investigations by the next adjourned dates of the cases involving the prosecution of excesses from recent protests in Accra to exclude by that date all those against whom sufficient evidence cannot be found to proceed further. I will also advise the prosecution to consider relevant bail applications made at the next adjourned dates of the cases.”
