Court revokes order to release excavators seized in Boin Forest illegal mining case


 

Enchi District Court has overturned its earlier decision to release two Liugong excavators and other mining equipment seized from illegal miners operating in the Boin Forest Reserve.

In a ruling delivered on April 2, 2025, the judge, Lawrence Buenor Buer acknowledged that the court had no jurisdiction to order the release of the equipment in its March 28, 2025, decision.

Citing errors in law, he declared the previous ruling null and void.

“The District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters,” the judge stated.

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As a result, the court ordered the Enchi Police Command and the Forestry Commission to locate, retrieve, and secure the seized equipment. The machinery is to remain in the custody of the Forestry Commission until the case is determined by a higher court with proper jurisdiction.

Judge Buer referenced past Supreme Court rulings, including Moshie vs. Begyina (1963) and Attoh Quarshie vs. Okpoti (1973), which establish that courts can correct their own mistakes to maintain the integrity of the judicial process.

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

The matter will now proceed in a court with appropriate jurisdiction for illegal mining cases.



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