Accra — His Honour Kwame Ohene Essel, the Circuit Court Judge of Circuit Court 'A' in Sunyani on Monday 27th April 2009 struck out the over two- year case brought against five WACAM Activists and an official of Oxfam America for convening a community meeting in Yamfo near Sunyani without Police permit for want of prosecution.

It would be recalled that on 27th November 2006, Mr. Ibrahima Aidara who is the Regional Governance Officer of Oxfam America in Senegal and five members of WACAM were arrested when they were having a meeting with the people in Yamfo to have first hand information of the community's problems with respect to the operations of Newmont. The fact finding trip was intended to discuss the people's concerns with the management of Newmont Ahafo mine at a meeting that had been scheduled for 28th November 2006 .

The arrest of Mr. Ibrahima Aidara and the five WACAM activists by the Police was based on a complaint by three Officials of Newmont Ahafo mine led by Mr Barnes Kufour that the Yamfo meeting was convened in the name of Newmont. The involvement of Newmont in the arrest of Mr. Aidara and the five activists of WACAM was confirmed by the then Regional Police Commander of Brong Ahafo, ACP Ayensu Opare Addo when he was interviewed by Joy FM on the case on 30th November, 2006.

Mr Aidara was granted bail to travel back to Senegal but the WACAM activists namely Alhassan Adams, Abdalla Salifu, Ali Baba, Jacob Amenofe and David Tininye were arraigned before His Honour G.H.K Debrah on 30th November 2006. They were rather charged with the offence of failing to notify the Police of a Special event contrary to Section 1 of the Public Order Act, Act 491 instead of the original complaint by Newmont officials.

The Lawyer who defended the activists mentioned that communities did not require Police permit before holding meetings to discuss their welfare. The Lawyer indicated that the community meeting which was organized was not a Special event and the activists had not contravened the Public Order Act.

The trial Judge decided to commit them to a two-week Prison remand with the statement that mining communities had been disturbing mining companies and such community meetings should be discouraged because they could send wrong signals to investors.

After serving the two-week remand, the activists petitioned the Chief Justice for a transfer of the case from the court of His Honour G.H.K. Debrah because of the biased statements he made in open court. A number of people including NGOs, Trade Unionists, Students, Lecturers, Journalists, and Community people condemned the arrest and detention of the activists.

His Honour Kwame Ohene Essel who took over the case from His Honour G.H.K. Debrah, struck out the case on the basis that the complainants had never appeared in court and the Prosecution had on several occasions failed to provide the court with the docket on the case.

Mr Daniel Owusu-Koranteng, the Executive Director of WACAM commended His Honour Kwame Ohene Essel for acting boldly on the case which had no legal basis, but rather an attempt by a multinational company to manipulate the judicial process.