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6 ARTICLE AD
A controversial court ruling mandating the release of excavators seized from illegal miners has ignited national fury. Environmental advocates and some media persons decry the decision as a catastrophic setback in Ghana's fight against deforestation and ecocide, a blow that could undo years of progress.
The ruling, linked to heightened demands for a state of emergency in forest reserves, has raised urgent questions about judicial accountability. I ask that the Attorney General immediately appeal the order and seek a stay of the judgment.
Background
Ghana’s forest reserves and water bodies have faced relentless destruction from illegal and irresponsible mining, (galamsey), prompting the government to establish the Forestry Commission's Rapid Response Team.
Despite arrests and equipment seizures, this recent Enchi District Court decision—ordering the return of excavators to alleged illegal miners—has sparked accusations of judicial overreach and systemic failure. I agree with Ghana’s foremost environmental journalist, Erastus Asare Donkor, that "I Feel It Is A Slap in the Face of the Illegal Mining Fight, especially in a Jurisdiction Noted for Destruction of Forest Reserves With Impunity”.
The Court’s Decision
The Forestry Commission and the Enchi police arrested Wisdom Amuzu and three others who were mining illegally in the Boin River Forest Reserve on Sunday, 23rd March 2025, and there is pictorial evidence of the illegality. They impounded two excavators found in the forest, processed them for court, and confiscated the equipment.
Now the court, Magistrate Lawrence Buenor Buer, has not only granted them bail but also given an order directing the forestry commission to allow the applicant, Wisdom Amuzu, to evacuate the excavator and other equipment from the Forest Reserve to a place of his choice. He further directed that the evacuation should be done within three days under the supervision of the Enchi District Police Commander.
What is the Basis of this Strange Order?
Did the Magistrate consider the provision of the Forest Protection Act, 1974 NRCD 243? Section 4.1 states that "The Forestry Officer shall take all necessary steps to prevent the commission of an offence under this Act." So where did forest officers and the police go wrong? Is this not evidence of a crime? If so, who should be the custodians of the exhibits until the case is decided?
Did the Magistrate take cognisance of Mineral and Mining (Mineral Operations – Tracking Of Earth Moving and Mining Equipment) Regulations, 2020, L.I. 2404, Regulation 8. (3) “Any equipment used in the commission of an offence under sub-regulation (1) and a product derived from the commission of the offence shall, regardless of the ownership of the equipment or product be seized and kept in the custody of the Police.”
So Magistrate Lawrence Buenor Buer, which law allows you to order that "The Complainant, being the Forestry Services Division Enchi District, shall forthwith allow the Applicant to evacuate and relocate the Two (2) Lingong Excavator machines and other mining equipment from the Forest Reserve to a place of his choice outside the Reserve.”
Again did the Magistrate and Prosecutors avert their minds to the Minerals And Mining (Amendment) Act, 2019, Act 995 sections
Where a person is arrested for an offence under subsection (3), (5), (6), or (7), any equipment used in or associated with the commission of the offence and any product derived from the commission of the offence shall, without regard to the ownership of the equipment or product, be seized and kept in the custody of the police. A court that convicts a person for any offence under subsection (2), (3), (5), (6) or (7) shall, in to the penalty that the court may impose, order the forfeiture of any equipment or product seized under subsection (8) to the State. The Minister shall, within sixty days after the confiscation of the equipment or product, allocate the equipment or product to the appropriate State institution and publish in the Gazette the name of the State institution to which the equipment or product is allocated.If Wisdom Amuzu and the other accused are found guilty, these equipment are to be confiscated. As my colleague, Lawyer Samson Lardy Ayanini, pointed out, the judge, Lawrence Buenor Buer, has no discretion in this matter. Once the arrest was made, the machines were to be seized. This ruling could set a dangerous precedent for future cases.
Did this Magistrate pay attention to the recent directive of His Excellence, the President, ordering the Forestry Commission to seize and not burn the excavators? If we are going to have the likes of Magistrate Lawrence Buenor Buer rewriting our laws in his court and offering weapons of mass destruction, which excavators have become to these suspected ecological terrorists. Then what would be our fate as a country?
What was the Prosecution’s action in opposition to this order? If they also did nothing in the face of this open disregard of our laws, then the Prosecution is also culpable in this pervasion of justice.
Did we have a lawyer move this application for Wisdom Amuzu, or was it just the Magistrate helping this suspected ecological terrorist who was arrested in an act to evade justice and move these weapons of mass destruction back into the theatre of ecocide? These questions beg for answers. We shall request the court record and petition the Chief Justice, the Attorney General, and the IGP. This ruling undermines years of anti-galamsey efforts. I will urge the AG to pursue every legal avenue to rectify this travesty.”
Media Mobilisation:\
Ghana’s media landscape should erupt in solidarity. We should join in lambasting the ruling as "judicial sabotage" and request the Chief Justice and AG to launch an investigative series into the action of this Magistrate and the Prosecution if they also did not oppose his judgement. This is important as the Enchi area is an arena of mass ecological destruction. We should review the ruling of all galamsey cases that this Magistrate has presided over. He is the reason His Lordship Justice Marfo Sao advised me years ago that for the fight against galamseyt to be effective, we should petition the CJ then to transfer all galamsey cases to specialised courts in Accra to ensure the right things are done. As the Media, the fourth estate of the realm, we need to amplify grassroots voices to save our country.
Demotivation of the Forestry Commission Staff: As the Magistrate takes this action. There is a Forestry Commission staff in Komfo Anokye Hospital fighting for his life after he had been butchered by these armed mercenaries that have been rented by these Galamseyers. The fallout is personal: “We risk our lives while courts shield destroyers," said a colleague, anonymised for safety.
Political Response: This ruling should galvanise calls for His Excellency President Mahama to declare a state of emergency, granting powers to destroy seized excavators and establish 24-hour fast-track courts to deal with these cases expeditiously. As the former Lands Minister Samuel Abu Jinapor warned, “This ecocide demands wartime measures. We cannot let legal loopholes cripple our future.”
Call to Action: The Ghana Coalition Against Galamsey urge Ghanaians to pressure lawmakers, the judiciary, and the President: “Silence is complicity,” We should also Expose every enabler of this crisis, from courtrooms to mining pits. This Magistrate ought to be cited for discipline - removal from office for misconduct or incompetence, which are grounds for removal of judges. This is one other way to win the fight. We should all remember His Excellency, the former President Akufo Addo, who said that the last amendment, Act 995, increased the jail terms and penalties to take away judges' discretion because they could not be trusted. Yes, this is a demonstration of the basis for the mistrust.
This case epitomises the clash between legal formalism and ecological survival as Ghana battles existential environmental threats. With media scrutiny intensifying, we urge the AG to appeal this case. The nation watches—hoping justice will realign with the urgency of preservation.
The forests cannot speak, but their fate will echo through generations. Ghana must choose: procedural technicalities or planetary survival?

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