Enchi District Court reverses decision to release seized excavators

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

On March 28, the court ruled that the excavators, seized by officers of the Forest Commission in a forest reserve, be released to the owners, a decision that was criticised as a setback to the fight against illegal mining in forest reserves.

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

Incident, earlier decision

On March 24, the Enchi Police and the Forestry Commission processed  Wisdom Amuzu and three others who had been arrested for mining illegally in the Boin River Forest Reserve, for court.

During the arrest, two excavators that were found in the forest were also seized.

At the court hearing, the Magistrate, Mr Buer, not only granted them bail but also ordered the Forestry Commission to allow the applicant, Mr 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.

Reversal

However, days later, Judge Buer reversed the March 28 directive, citing errors in law, and thus declared the previous ruling null and void.

He 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 District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters,” the judge stated and ordered the Enchi Police Command and the Forestry Commission to locate, retrieve, and secure the seized equipment.

"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 (2) excavators and other mining equipment to the miners," the judge added.

The machinery is to remain in the custody of the Forestry Commission until the case is determined by a higher court with proper jurisdiction.