Deputy Interior Minister Ebenezer Terlarbi has admitted that Ghana’s criminal justice and prison systems are so overwhelmed that the government is unable to effectively prosecute and detain foreign nationals involved in illegal mining, aka galamsey.

Speaking on Joy News' PM Express, he defended the new directive by Interior Minister Muntaka Mubarak, which includes the mass transfer of police commanders in mining areas and the immediate deportation of arrested foreign nationals engaged in illegal mining.

The policy has sparked intense backlash from civil society, opposition leaders, and security experts who say it reflects a double standard in law enforcement and weakens Ghana’s fight against transnational crime.

“The fact is, we know when it comes to litigation in this country, dealing with our courts, it can sometimes be very frustrating,” the Deputy Minister said.

“We have instances where people are arrested, and we prefer repatriating them rather than taking them through our courts.”

Mr. Terlarbi argued that the system is simply ill-equipped to deal with the legal and logistical burden that comes with prosecuting foreign nationals, especially when they appear in large numbers.

“You arrest about 80 Chinese, and you have to find a place to keep them. Sometimes, even vehicles to take them to court are a problem,” he said. “You go to court and they succeed in getting bail.”

He acknowledged that Ghanaians arrested for similar offenses are taken through the legal process, but maintained that the same approach cannot be applied across the board due to capacity constraints. 

“Certainly,” he conceded when asked if this amounts to a double standard, “but the point is that there are few things that I wouldn’t like to disclose. Some of the things that happen behind the scenes, I wouldn’t like to disclose everything on air or in public, but there’s so much going on. In fact, if we don’t take care, we are going to lose this fight again.”

The Deputy Minister stressed that this is not about leniency toward foreign offenders but rather a matter of pragmatism in a system that is already buckling under pressure.

“We are looking at 1,400 inmates we have now and feeding them is even a problem,” he revealed.

“So if there’s a way not to exacerbate the situation by sending them back to their home countries, I think I would opt for that.”

According to Mr. Terlarbi, some foreign nationals further complicate the prosecution process by refusing to provide identification.

“You arrest some of them, then they tell you they don’t have their passport, and their identities become difficult to establish. Once they get into the system, it is difficult to track some of them,” he explained.

Pressed on whether the government is setting a dangerous precedent by not prosecuting foreign nationals while insisting on full legal procedures for Ghanaians, he responded: “Let’s be realistic.

"The situation at hand, we cannot do things the same way and think that we’ll have the same results. We need to be a little innovative.”

Despite public concern that deportation without legal consequences could embolden more foreign criminals, Mr. Terlarbi insisted the approach is a necessary compromise in the face of a broken system.

“You are okay dealing with the frustrations regarding the court when it comes to Ghanaians, but you are not okay dealing with the same individuals when they are foreigners? That is double standards at best,” the host challenged. To which Mr. Terlarbi simply replied, “Not really.”