Climate change activist Sulemana Issifu has petitioned the Office of the Special Prosecutor (OSP) to investigate the conduct of a judge who presided over a controversial galamsey (illegal mining) case in Enchi, where several illegal miners and seized excavators were released under contentious circumstances.
The ruling, which sparked widespread public backlash, has been described by Issifu as “deeply suspicious” and potentially rooted in corruption rather than law.
Issifu, who is a Research Fellow at the Hans Ruthenberg Institute, University of Hohenheim, and also serves as Director of Research at the Centre for Climate Change and Food Security, believes the judge’s decision merits urgent scrutiny.
In his petition to the OSP, Issifu argues that the judge’s subsequent reversal of the ruling — after public pressure — is a clear indication that the original judgment was not founded on sound legal reasoning.
“His decision, I suspect, was actuated by corruption. And his backtracking after the public backlash is a clear manifestation that his initial ruling was not premised on law — meaning, he was doing something else other than applying the law,” Issifu stated.
Background
The case in question revolves around the arrest of illegal miners and the seizure of excavators believed to have been used for illegal mining activities — commonly known as galamsey — which have devastated vast tracts of Ghana’s forest reserves and river bodies.
In a surprising turn of events, the presiding judge ordered the release of both the suspects and the excavators, a decision that drew fierce criticism from environmentalists and the general public alike.
Following widespread backlash, the judge reportedly reversed the decision, but Issifu contends this retraction only further supports suspicions of foul play.
He maintains that when judges abuse their powers, especially in critical environmental matters like galamsey, they should not be shielded by judicial immunity. “Such conduct strips him of any judicial protection that a judge enjoys in the exercise of his or her duties,” he noted.
Issifu has also hinted at additional legal steps aimed at seeking accountability for what he deems a gross abuse of judicial authority. “This is just the beginning,” he said, declining to disclose further details at this stage.
“The Judiciary Must Not Be Above Scrutiny”
Issifu emphasized the central role of the judiciary in the fight against corruption and environmental destruction, asserting that the bench must be held to the highest standards of accountability.
“The judiciary is the most under-scrutinised arm of government. This has, over the years, provided the judiciary a free passage to almost misbehave every time they are needed most,” he charged. “If the judiciary will sit up, many ills perpetrated by our politicians will not happen.”
He concluded with a call to action: “Ghanaian must demand higher standards from the judiciary. We must not accept just everything from them. When they are caught in the cross hairs of accountability and scrutiny at the appropriate fora, I am sure judges will be careful.”
Issifu vowed to continue monitoring judicial decisions in galamsey-related matters and pledged to take further action whenever he suspects misconduct.