A High Court in Kumasi has ordered the Paramount Chief of the Atti-Morkwa Traditional Area, Oseadeeyo Kwesi Kennin IV, to halt all mining activities on a concession belonging to Kadesh Mining Enterprise. The Chief stands accused of engaging in illegal mining, commonly known as galamsey, on the concession, despite a pending injunction.
The management of Kadesh Mining Enterprise initiated the legal action against the Chief after discovering that he was allegedly conducting illegal mining operations on their concession. The company holds a valid mining license for the area but has not yet commenced operations. According to their claims, the Chief, in collaboration with both Ghanaian and Chinese nationals, had been mining gold without legal authorization.
Kadesh Mining Enterprise’s lawyer emphasized that the Chief’s activities were unlawful, as the company is the rightful owner of the concession and the only entity authorized to mine there. Despite this, Oseadeeyo Kwesi Kennin IV had reportedly asserted his right to the land, using his position as Paramount Chief to justify his actions. He claimed that, as the traditional ruler of the area, he had the authority to engage in mining activities, regardless of the legal processes or licenses required.
The Plaintiff’s lawyer stated that the company had conducted private investigations into the illegal mining activities and uncovered evidence linking the Chief directly to the operations. “This client applied to Mincom for a licence to mine gold,” the lawyer explained, “and while the lease is still valid, my client discovered that there was illegal activity going on, on the land. We issued the writ after private investigations revealed that the Omanhene of Twifo Atti-Morkwa was the mastermind behind these illegal activities.”
The lawyer for Kadesh Mining Enterprise further clarified that only his client has the right to conduct mining operations on the concession. Any mining by the Paramount Chief or his associates would, therefore, be considered illegal. “It’s only my client who has the right to enter the land to mine, and not the Omanhene,” he said. “We are saying that the law does not support his activities on the land, and that constitutes illegal mining.”
The Chief and his legal team, however, have disputed the claims. They have requested that the case be transferred to the Central Region, where the alleged illegal mining activities took place.
Their argument is based on the fact that the land in question lies within the Central Region, not the Ashanti Region where the case is currently being heard.
The plaintiff’s counsel, however, has objected to the transfer, pointing out that two of the defendants reside in Kumasi, making the Ashanti Region the appropriate jurisdiction for the case. The court has yet to decide on this request.
The case has generated significant public interest, given the serious accusations against a high-ranking traditional leader and the broader concerns about illegal mining in Ghana. Galamsey has become a major issue in the country, as it often leads to environmental degradation and poses challenges to law enforcement.
The involvement of high-profile individuals, such as the Paramount Chief, adds another layer of complexity to the ongoing efforts to combat illegal mining.
Despite the gravity of the allegations, the lawyer for the defendants has declined to comment publicly on the case. It remains unclear how the defense plans to address the accusations or whether they will seek to challenge the court’s initial ruling that ordered the Chief to stop his mining activities on the disputed concession.
This case serves as a reminder of the tensions that exist between traditional authorities and modern legal frameworks, especially when it comes to land and resource rights.
While the role of traditional rulers in the governance of local communities is deeply respected in Ghana, this case highlights the importance of adhering to legal procedures, particularly in sectors like mining, which are tightly regulated by the government.
As the legal battle continues, many will be watching closely to see how the court handles the allegations of illegal mining against a Paramount Chief and how this might impact future cases involving traditional authorities and the enforcement of mining regulations in the country.
