Galamsey report: A-G’s response insufficient, there appears to be a lacuna – Edem Senanu

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Galamsey report: A-G’s response insufficient, there appears to be a lacuna – Edem Senanu
Galamsey report: A-G’s response insufficient, there appears to be a lacuna – Edem Senanu

Africa-Press – Ghana. Co-chair of the Citizens Movement Against Corruption, Edem Senanu, has said that the Attorney-General’s response to the illegal small-scale mining (Galamsey) report issued by a former Minister for Environment, Science, Technology and Innovation and a former chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM), Professor Kwabena Frimpong-Boateng appears to be defective.

He wondered if the Attorney-General followed up on all the issues raised in the report.

“There is a gap or lacuna [in the A-G’s response]. Are they saying they have followed up on all the issues that [Frimpong-Boateng] raised in the 36-page report? It seems to me that they focused on Professor Frimpong-Boateng alone to the exclusion of all the other groups but that is not how it is supposed to be done, so there appears to be a serious gap.

“It is important that responsible citizens report things and concerns they have and it is important that the public servants, those who are to serve the public by doing the research do that and get back to us. It is not sufficient for anyone to say that they found no evidence, are they saying that they followed all the clues?” Senanu said on the Ghana Tonight show on TV3 on Tuesday, October 10.

The Office of the Attorney-General and Ministry of Justice has concluded its review of a docket submitted by the Police on the allegations contained in a 36-page document written and signed by Professor Frimpong-Boateng entitled “Report on the work of IMCIM so far and the way forward”.

The A-G’s Advice, dated 12th September, 2023, and delivered to the Criminal Investigations Department of the Ghana Police Service on 14th September, 2023, was signed by a Chief State Attorney, Mrs. Evelyn Keelson, of the Prosecutions Division of the Office of the Attorney-General.

Background stated by the A-G

In the Advice to the CID, the Chief State Attorney notes that on 2nd March 2023, Professor Frimpong-Boateng, a former Minister for Environment, Science, Technology and Innovation and a former chairman of the Inter-Ministerial Committee on Illegal Mining (IMCIM) was a guest on Ghana Broadcasting Corporation’s television program, “Legends of our Time.”

On that programme, he alleged that some government officials and private citizens were involved in illegal mining activities – “galamsey”. When the attention of the Police was drawn to the said allegations, they wrote to Professor Frimpong Boateng on 20th March 2023 and requested his assistance in connection with investigations into the alleged involvement of government officials in galamsey.

On 21st March, 2023, the Police visited the Professor at his residence to elicit further information with respect to the allegations. At this meeting, the Professor did not name any government official involved in illegal mining activities. However, he submitted a number of documents to the Police. Notable among the documents was the 36-page report presented by him to the Chief of Staff.

Persons cited in the report as being involved in illegal mining activities were Laud Commey, Charles Nii Teiko Tagoe, Frank Asiedu Bekoe a.k.a. Protozoa, Hon. Joseph Albert Quarm, Charles Owusu, Kwadwo Owusu Afriyie, Captain (Rtd.) Edmund Kojo Koda, Donald Entsuah and an unnamed former Member of Parliament for Wassa East Constituency.

Three individuals – Seth Mantey, John Ofori Atta and Ekow Ewusi were alleged to be involved in the sale of excavators, whilst Gabby Asare Otchere-Darko, Hon. Kojo Oppong Nkrumah and Kwaku Baako Jnr. are said to have done acts which directly or indirectly inhibited the Professor in his fight against illegal mining.

Process of investigations and findings

The A-G’s Advice to the CID, sets out the various allegations made by Prof Frimpong Boateng against each of the named persons and records that the Police interviewed and took statements from the persons cited in the allegations contained in the report.

The Advice notes that all of the individuals named in Prof Boateng’s report denied the various allegations made against them in the report. However, “several attempts by the Police to obtain further information from Professor Frimpong Boateng to substantiate the allegations in the Report and to assist them to conduct further investigations proved futile. The Professor refused to provide any further information to the police.

He also declined to give a written statement, claiming his Report is ‘an embodiment of his statement’ and all the information he has on the allegations” – the Chief State Attorney, Mrs. Keelson stated.

The Attorney-General stated further that, investigations by the Police have not revealed any evidence in support of the allegations. “The allegations are therefore bare and do not provide a basis for any criminal charge against the persons cited in the Report” – the Advice stated.

Examination of other documents

The Office of the Attorney-General states in the Advice to the CID, they examined other documents submitted by Prof Frimpong Boateng. The Advice notes that apart from the report which contained the main allegations, Professor Frimpong Boateng also submitted the following documents to the Police:

The A-G observed that with the exception of the statement of Seth Mantey and some statements of account from NIB which provide some relevant information in respect of allegations against Seth Mantey, John Ofori Atta and Ekow Ewusi, none of the documents presented by Prof Frimpong Boateng provided any relevant information in support of the allegations contained in his report.

The A-G further states that the Police also procured two pen drives: one from the Professor and another one from GBC. The first pen drive only contains videos of some mining areas captured by the IMCIM. The other pen drive is a recording of an interview granted to GTV by Professor Frimpong Boateng on a program “Legends of Our Time”.

The interview was mainly on the Professor’s life. At the tail end of that interview, he alleged that some government officials were involved in galamsay activities without mentioning any names.

The Attorney-General indicates that a careful study of the Report, the various documents and pen drives submitted to the Police did not disclose any evidence in support of the allegations made against the persons cited in the Report, with the exception of Seth Mantey, John Ofori Atta and Ekow Ewusi, in respect of whom the A-G instructs the Police to conclude their investigations and present a report to him.

The A-G’s advice however notes that even though the Police diary of action shows that John Ofori Atta was invited by the police, there is no indication that he was interviewed or that a statement was taken from him. There is also no statement from Mr. Ekow Ewusi on the docket. The A-G instructed the Police to wind up investigations on that issue and furnish him with a report on same.

The Attorney-General’s Advice concludes that “in the absence of any evidence on the docket in support of any of the allegations of illegal mining activities, we are unable to recommend the prosecution of any of the persons cited in the Report. They should therefore be discharged. We however await the outcome of the investigations conducted in the case involving Seth Mantey, John Ofori Atta and Ekow Ewusi.”

Source: 3News.com

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