Police camping at big stone mining illegal – Ghana Chinese Chamber of Commerce

The Ghana Chinese Chamber of Commerce has raised official complaints against the seemingly permanent encampment of a group of armed policemen as well as the conduct of the said troop at the private premises of Big Stone Mining Limited, a wholly-owned Chinese company operating at Bogoso in the Western Region.

The Chamber, in an official statement, expressed surprise that not even a legal advice from the office of the Attorney General and Minister for Justice, the Government’s legal advisor, has been able to get the said policemen to vacate the private property.

Describing the encampment as shocking, the Chamber said their presence  and driving away of the mine’s workers by the policemen when they are fully aware there was a pending legal matter over the shareholding of the company, flies in the face of the laws of Ghana and sends discouraging signals to foreign investors.

The Chamber, in a petition to Government, said it has reason to believe that the plaintiff in a court case over the shareholding of the company , was  using political connection and influence from particular persons at the Jubilee House to do what is not acceptable by law against the company and  causing it huge financial losses.

The Chamber, in a letter to the Attorney General and Minister of Justice, called for action to restore normalcy with a sense of urgency.

It served notice it may be compelled to put out the names of the exact top politicians at the Jubilee House who are doing the wrong things and giving the Nana Addo led-Government a bad reputation among foreign investors who come to do business in Ghana.

In a statement dated August 30, 2022, and signed by the President of the Chamber, Tang Hong, the Chamber  stated: “We hope that the Ministry of Justice  and Attorney General, the Chief Justice and the Ghana Police Service can take the fairness and impartiality of the law as a criterion, crackdown on illegal acts and also give justice to business operators, and give confidence to investors in Ghana,” the letter which was copied to the Chief Justice, and the Inspector General of Police (IGP) stated.

Police Headquarters’ Directive Ignored

The Police Headquarters, acting on a directive from the office of the Attorney-General and Minister of Justice to the IGP, directed the Western Regional Police Command on September, 1, 2022 to withdraw the men at the factory but the directive is yet to be carried out.

A wireless message signed by the Director General, Police Legal and Prosecutions, Commissioner of Police (COP) Nathan Kofi Boakye said , “The Office of the Attorney General and Ministry of Justice has written to the Police Administration that the ex-parte order obtained at the High Court Commercial Division on 28th July, 2022 has expired. Therefore, all the policemen deployed to the mining company consequent upon the order should be withdrawn immediately to avoid contempt proceedings against the police administration.”

Attorney General Speaks

On August 21, 2022, the Attorney General, in a letter to the IGP titled, “Re-Petition for Redress in the Matter of Wan Shanghong, Yang Liu Vrs Big Stone Mining Limited and 6 others”, said the office had received a request to stop the continuous abuse of the petitioners’ rights.

Analysing the legal dimensions of the petition vis-a-vis the pending suit, the Attorney General said the police presence at the factory was purportedly for the execution of a ruling on a civil suit by the High Court between the parties in the shareholding matter.

“Our examination of the ex-parte order dated 28th July, 2022 discloses that the Order was essentially for the police to provide the applicants and the bailiff of the court with the necessary protection to peacefully serve the order for interlocutory injunction and execute same.

“It is imperative to note that even though the ex-parte order mandated the police to assist the bailiffs to serve and execute the order, the execution itself ought to be done within the premises of the High Court.”

The Attorney General further stated that, “the police in terms of the rules of court, are not permitted to be part of execution process.”

“It is our opinion that the allegations contained in the petition are true, the action of the police constitute a clear infringement on the rights of the petitioners and an unjust interference in the administration of justice by the police service, “the Attorney General’s letter signed by a Deputy Attorney General and Deputy Minister of Justice, Alfred Tuah-Yeboah stated.

The AG added: “This development has the potential to unnecessary bring the police service into disrepute”.

On that score, the Attorney General advised the IGP to take prompt action to withdraw the police from the mining site. The Office warned that failure to do so may lead to legal action against the state, which carried potential  financial loss to the state.

 

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