Enchi court revokes order on seized excavators, admits ruling was wrong in law

The Enchi Magistrate Court has overturned its previous ruling that ordered the release of excavators and mining equipment seized from individuals accused of illegal mining in the Boin River Forest Reserve.

The initial ruling, which granted bail to four suspects and directed the Enchi Division of the Forestry Commission to return the impounded equipment within three days, has now been rescinded following a motion filed by the Forestry Commission.

In delivering the revised decision, the presiding judge declared, “For the reason that the previous order at stake was void, the court hereby sets it aside together with its accompanying consequential orders relating to the release of the two excavators and other mining equipment to the miners.”

“This District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters by making those orders,” stated His Worship Buenor Buer.

The machinery will remain in the custody of the Forestry Commission until a higher court with appropriate jurisdiction determines the case.

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The judge cited past Supreme Court rulings, including Moshie vs. Begyina (1963) and Attoh Quarshie vs. Okpoti (1973), emphasizing that courts have the authority to correct their own mistakes to preserve the integrity of the judicial system.

The case involves six individuals accused of engaging in illegal mining, four of whom remain absent from court proceedings, while two are still at large.

Speaking on the development, Joe Appiah Frimong, Manager of the Enchi Division of the Forestry Commission, highlighted the significance of the ruling in the ongoing fight against illegal mining in Ghana’s forest reserves.

The Forestry Commission has been at the forefront of efforts to curb illegal mining, which continues to threaten the country’s natural resources.