Paramount chief, linguist and 2 others dragged to court over illegal mining

The Paramount Chief of Twifo Atti-Morkwa, Oseadeayo Kwasi Kenin IV, along with three associates, has been brought before the Kumasi High Court over allegations of illegal mining, also known as galamsey, on a licensed concession.

Kadesh Mining Enterprise, the plaintiff in the case, alleges that over 85% of their 14.73-acre mining site has been destroyed by unauthorised mining activities.

Kadesh Mining was granted a five-year small-scale mining licence on 11th June 2024, following a lease application submitted the previous year. However, the company claims that before it could commence operations, the concession was taken over by the paramount chief, his linguist, Okyeame Yaw Asamoah, Ernest Ahorlu, and a Chinese national, Wu Ming Ji, who is said to be a foreign mining collaborator.

According to court filings, Kadesh Mining states that the paramount chief has admitted his involvement in the illegal activities, which have caused considerable financial losses. The company is seeking to recover GH¢15 million worth of gold, allegedly mined by the defendants, in addition to GH¢20 million in damages for the economic losses incurred.

The legal documents assert that the defendants “illegally and unlawfully trespassed onto the Plaintiff’s mining concession without consent or authority,” preventing Kadesh Mining from operating under its legitimate licence.

The case was first heard on 24th September 2024 at the Kumasi High Court, although Oseadeayo Kwasi Kenin IV was notably absent. Two of the defendants, Okyeame Yaw Asamoah and Ernest Ahorlu, appeared before the court. Counsel for Kadesh Mining, Hansen Kwadwo Koduah, disclosed that his client had conducted private investigations into the illegal mining operations allegedly involving the paramount chief and his associates.

The paramount chief has filed a motion challenging the court's jurisdiction, requesting that the case be transferred to the Cape Coast High Court, as all defendants reside in Twifo Praso. He has also asked for the matter to be referred to the Chief Justice for a determination on the appropriate venue for the trial.

Koduah, reflecting on the broader significance of the case, described it as part of a national effort to combat illegal mining, known locally as galamsey. He argued that the paramount chief’s status as a traditional leader does not give him the authority to mine without a proper licence.

“That particular land and whatever interest therein had been granted by the Minerals Commission to the plaintiff. It is only my client who has the right to enter the land and mine, not the Omanhene, who claims that because he is the chief of the area, he has the right to mine with or without a licence,” Koduah explained.

The presiding judge, His Lordship Samuel Faraday Johnson, has verbally ordered the paramount chief and his associates to cease all activities on the disputed land until the court rules on the plaintiff’s request for an interlocutory injunction. The case has been adjourned to 14th October 2024.

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