Civil society organization Democracy Hub has initiated legal action against the government, challenging its controversial policy of deporting foreign nationals arrested for illegal mining (galamsey) without prosecution.

The lawsuit names the Minister for the Interior, the Ghana Immigration Service (GIS), and the Attorney-General as defendants.

Since the NDC government took office, over 100 foreign nationals, including Chinese citizens, have been deported for engaging in illegal mining (commonly known as galamsey) and related offences.

The Interior Ministry has stressed that the deportation policy is not intended to favour foreigners or show leniency. Instead, it is designed to prevent further abuse of Ghana’s legal system and to safeguard national interests.

“You arrest about 80 Chinese, and you have to find a place to keep them, and then sometimes even vehicles to take them to court are a problem. You go to court and they succeed in getting bail," Deputy Interior Minister Ebenezer Terlarbi argued on JoyNews’ PM Express.

Mr Terlarbi further explained that the sheer logistical, legal, and financial burden of keeping foreign galamsey suspects in Ghana’s already overstretched prison system has forced the government to consider what he called a “more innovative” path.

“We are looking at 1,400 inmates we have now, and feeding them is even a problem. So if there’s a way not to exacerbate the situation by sending them back to their home countries, I think that I would opt for that.”

But Democracy Hub's writ of summons, filed at the High Court in Accra, contends that the government's deportation practice violates Section 99 of the Minerals and Mining Act, 2006 (Act 703), which requires prosecution for illegal mining offenses.

The group also argues that the policy breaches constitutional guarantees of equality before the law (Article 17) and the right to a fair trial (Article 19(2)).

At the heart of the lawsuit are several critical allegations. Democracy Hub asserts the government has unlawfully substituted criminal prosecution with deportation for offenses under Act 703, despite the law prescribing mandatory jail terms of 15 to 25 years for illegal mining.

The group indicated in its writ that "the selective decision not to prosecute foreign nationals, while prosecuting Ghanaians for the same offences, constitutes unequal treatment before the law," and "Deportation, in the absence of conviction, does not satisfy the objectives of deterrence and may embolden perpetrators."

The organisation further highlighted what it calls a discriminatory two-tier justice system where Ghanaians face prosecution while foreign nationals are simply deported.

• Read also: ‘We can’t keep 80 Chinese in jail and feed them’ – Deputy Interior Minister justifies deportation over prosecution

The group has challenged the government's justification that deportees face prosecution in their home countries, calling these claims "speculative and unsubstantiated."

Democracy Hub is demanding full disclosure of any diplomatic communications or reports that might verify such foreign prosecutions.

The lawsuit seeks multiple remedies from the court, including declarations that the deportation policy is unlawful, orders to cease deportations without prosecution, and the disclosure of all documents related to deported individuals.

The organisation is also seeking costs of GHs300,000 for legal expenses.