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Court overturns decision to release excavators seized in Boin forest case

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

On April 2, 2025, Judge Lawrence Buenor Buer ruled that the court had overstepped its bounds by ordering the return of the equipment in a March 28 decision. Acknowledging errors in the original ruling, the judge declared it null and void, citing a lack of jurisdiction over illegal mining cases.

“The District Court, in respect of illegal mining activities, lacks jurisdiction to entertain such matters,” Judge Buer stated in his decision, which has sent shockwaves through local legal circles.

As a result, the court has instructed the Enchi Police Command and the Forestry Commission to take immediate action to recover and safeguard the seized machinery. The judge clarified that the machinery should remain in the Forestry Commission’s custody until the matter is addressed by a higher court with the proper jurisdiction.

“The previous order is void and is hereby set aside, along with its accompanying orders for the release of the excavators and other mining equipment to the miners,” Judge Buer added.

The case, which involves six individuals accused of illegal mining, continues to unfold. Four of the accused remain absent, while two are still at large.

The ruling draws on past Supreme Court precedents, including the landmark Moshie vs. Begyina (1963) and Attoh Quarshie vs. Okpoti (1973) cases, which reinforce the court’s authority to correct its own errors to preserve the integrity of the judicial process.

This decision marks a pivotal moment in the ongoing battle against illegal mining in the Boin Forest Reserve, with the Forestry Commission now playing a crucial role in securing the seized equipment until the case reaches its next legal phase.

Source:TheDotNews

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