Unlawful Mining Licenses in Ghana: Ashigbey’s Call for Arrests & Legal Analysis

Introduction: The Alarming Nexus of Corruption and Environmental Crime

In a stark and urgent public statement, Ing. Kenneth Ashigbey, Convenor of the Media Coalition Against Illegal Mining ( popularly known as ‘galamsey’), has demanded the immediate arrest and prosecution of all public officials involved in issuing licenses or permits for explicitly illegal mining activities in Ghana. His comments, made during a television interview on The Pulse (JoyNews), frame a profound legal and governance crisis: the state’s apparent complicity in activities its own laws prohibit. This situation, particularly concerning the use of destructive chanfang machines and mining in protected water bodies, represents a direct subversion of Ghana’s primary mining legislation, the Minerals and Mining Act, 2006 (Act 703, as amended by Act 995 of 2019). This article provides a comprehensive, SEO-optimized analysis of the issue, examining the legal framework, the gravity of the allegations, potential consequences, and practical pathways forward for environmental protection and rule of law.

Key Points: The Core of Ashigbey’s Argument

To immediately grasp the severity of the situation, the following points distill the central claims and their implications:

Direct Legal Contradiction: Issuing permits for activities banned by law—specifically mining in water bodies and using chanfang (or changfang) machines—is inherently illegal and makes the issuing officer complicit in the crime.
Specific Legal Reference: The call cites Act 995 (the Minerals and Mining (Amendment) Act, 2019), which strengthens penalties and clarifies prohibitions against environmentally destructive methods.
No Statute of Limitations: Offenses related to illegal mining and the corrupt issuance of licenses are not time-barred, meaning past actions can and should be investigated and prosecuted.
Chain of Command Liability: The demand extends beyond the field officer to include District Chief Executives (DCEs), finance officers, coordinating directors, and other supervisory officials who authorized or tolerated these permits.
Systemic Corruption: The practice of issuing “stickers” or permits to illegal miners on-site for financial gain is highlighted as a blatant, revenue-driven violation of state law and trust.
Call for Coordinated Action: Resolving this requires a unified effort from the Ministry of Local Government, the Attorney-General’s Department, and the Ghana Police Service (IGP).

Background: Ghana’s Legal Framework Against Destructive Mining

The Minerals and Mining Act and the Galamsey Crisis

Ghana’s mining sector is governed primarily by the Minerals and Mining Act, 2006 (Act 703), which was significantly amended by Act 995 of 2019. The core intent of this legislation is to regulate mining for national development while ensuring environmental sustainability and social responsibility. The galamsey (illegal mining) crisis, particularly its devastating impact on water bodies like the Pra, Ankobra, and Birim rivers, prompted these strengthened amendments.

The Explicit Bans: Chanfang Machines and Water Bodies

Two specific prohibitions are central to this issue:

Ban on Mining in Water Bodies: Ministerial orders, backed by the Environmental Protection Agency Act, 1994 (Act 490) and the Mining Act, prohibit all forms of mining (including small-scale) within a specified distance of major rivers, streams, and water bodies to prevent siltation and pollution.
Ban on Chanfang/Changfang Machines: This highly destructive method uses powerful water pumps and excavators to wash away entire riverbanks and beds in search of gold. Its use was explicitly banned due to its catastrophic, irreparable ecological damage. The 2019 amendment (Act 995) increased penalties for using such equipment.

These are not regulatory guidelines but clear, criminal prohibitions. Any activity conducted under these methods is, by definition, illegal.

Analysis: The Legal Paradox and Complicity

How Can the State License an Illegal Act?

Ashigbey’s piercing question—”How do you give a licence to an illegal activity?”—exposes a fundamental legal paradox. A license is a legal permission granted by the state for an activity that is *otherwise* lawful or regulated. The state cannot, through any of its agents, create a legal basis for an act that Parliament has explicitly criminalized. This principle is known as ultra vires (beyond the powers). An officer who issues a permit for chanfang mining in a river is not exercising legitimate authority but is instead engaging in a criminal conspiracy and aiding and abetting a statutory offense.

Deconstructing Act 995 and Relevant Provisions

While the original article references “Act 995” generally, the relevant provisions are found within the Minerals and Mining (Amendment) Act, 2019 (Act 995). Key sections include:

Section 7: Amends Section 99 of Act 703, significantly increasing fines and imprisonment terms for unauthorized mining operations.
Section 23: Introduces new sections (102A & 102B) that specifically criminalize the use of “explosives, mercury, cyanide, or any other chemical substance” or “any equipment, machinery, or device which is likely to cause pollution or degradation of the environment” without a valid permit and environmental impact assessment. A chanfang machine clearly falls under this definition.
Section 34: Empowers the Minister to make regulations for the “prohibition or restriction of mining operations in any area,” which includes water bodies.

Furthermore, the Criminal Offences Act, 1960 (Act 29) contains provisions on conspiracy to commit a crime and corruption, which could apply to officials colluding with illegal miners.

The “Sticker” System: A Symptom of Institutionalized Corruption

The reference to issuing “stickers” or on-site permits points to a notorious practice where local officials or political actors visit illegal mining sites, collect cash payments, and provide some form of receipt or authorization. This is not a legal licensing process but a clear-cut case of bribery and corruption. It transforms a criminal enterprise into a superficially “legitimized” one through the sale of state immunity. Each participant—the miner paying and the official accepting—is committing a crime. The official is additionally breaching their oath of office and committing willful misconduct in public office.

Practical Advice: Paths to Accountability and Restoration

For Responsible State Institutions

Immediate Forensic Audit: The Ministry of Lands and Natural Resources and the Minerals Commission must audit all small-scale mining permits issued in the last 5-7 years, cross-referencing them with known illegal sites, water body maps, and machinery types.
Task Force Investigations: A joint task force (Police, EOCO, Special Prosecutor’s Office) should investigate the specific allegations of permit issuance at active illegal sites, focusing on the chain of command from the field officer to the DCE and Regional Coordinating Council.
Suspend and Investigate: All named officials and those in jurisdictions with rampant illegal mining should be provisionally suspended pending investigation to prevent interference.
Public Disclosure: Publish the list of all revoked permits and the officials responsible for their issuance, creating a permanent public record.

For Civil Society and the Media

Documented Evidence: Continue systematic documentation (with geotagged photos/videos) of illegal mining sites and any interactions with officials issuing permits. Ensure chain of custody for evidence.
Strategic Litigation: Support public interest litigation against the Minerals Commission or District Assemblies for failing in their statutory duty to prevent illegal mining, using the issuance of illegal permits as evidence of breach.
Community Watchdog Groups: Form local committees in affected communities to monitor and report any official visits to illegal mining sites for “licensing” purposes.

For Communities and Environmental Advocates

Know the Law: Understand that no permit can legalize mining in a water body or with a chanfang. Any such document is a nullity.
Report with Evidence: Report not just the miners, but the officials facilitating them to the District Security Council, Police CID, or the Office of the Special Prosecutor with specific details (names, dates, locations, permit numbers if available).
Demand Remediation: Hold both the illegal miners and the complicit officials financially liable for the full cost of environmental restoration under the “polluter pays” principle enshrined in Act 490.

FAQ: Addressing Common Questions

Q1: Is it truly illegal for a government official to issue a mining permit?

A: Yes, absolutely. If the permit is for an activity explicitly banned by national law (like chanfang mining or mining in a protected water body), the act of issuing it is a crime. The official is not exercising discretion but is instead facilitating a known offense, making them criminally liable as an accessory or conspirator.

Q2: What specific law bans chanfang machines and mining in water bodies?

A: The ban on chanfang machines is operationalized through the Minerals and Mining (Amendment) Act, 2019 (Act 995), which increases penalties for using environmentally destructive equipment. The ban on mining in water bodies stems from regulations made under the Environmental Protection Agency Act, 1994 (Act 490) and specific ministerial directives under Act 703/995, designating buffer zones around water bodies.

Q3: Can past issuance of illegal licenses still be prosecuted?

A: According to legal experts cited by Ashigbey, offenses of this nature—particularly corruption, conspiracy, and environmental degradation—are generally not subject to a statute of limitations in Ghana. The principle is that serious crimes against the state and environment can be prosecuted regardless of when they occurred, allowing for historical accountability.

Q4: What penalties could these officials face if convicted?

A: Penalties could be severe and multifaceted:

Under Act 995: Heavy fines and significant imprisonment terms (up to 5 years or more for aggravated offenses).
Under Act 29 (Criminal Offences Act): For corruption, conspiracy, or willful misconduct, leading to imprisonment and forfeiture of assets.
Asset Forfeiture: The Court could order the forfeiture of any gains from the corrupt scheme.
Dismissal and Blacklisting: Automatic dismissal from public office and a permanent bar from holding public office.

Q5: How can ordinary citizens help stop this practice?

A: Citizens can: 1) Report suspicious “on-site licensing” with specific details to the Special Prosecutor’s Office or Police. 2) Support and amplify the work of credible environmental CSOs like the Media Coalition Against Illegal Mining. 3) Use their voting power to hold elected representatives (Assembly members, MPs) accountable for actions in their constituencies. 4) Avoid patronizing gold from illegal sources, which fuels the entire ecosystem of crime.

Conclusion: Beyond Arrests to Systemic Reform

Ing. Kenneth Ashigbey’s clarion call for arrests is a necessary and legally sound response to a brazen subversion of Ghana’s environmental and mining laws. However, the ultimate goal must transcend punitive actions against individual officials—though they are essential for deterrence. The crisis reveals deeper systemic vulnerabilities: the potential for regulatory capture, the weakness of oversight over local government, and the immense profitability of environmental crime. True resolution requires a multi-pronged strategy: the rigorous, impartial prosecution of all complicit actors to restore public trust; a complete digital overhaul of the mining permit application and issuance system to eliminate human discretion at illegal sites; and the sustained political will to enforce the bans on chanfang machines and water-body mining without exception. The health of Ghana’s rivers, the future of its agricultural lands, and the integrity of its governance institutions depend on this unwavering commitment. The law is clear; now the enforcement must be equally unequivocal.

Sources and Legal References

The analysis in this article is based on the following verifiable primary and secondary sources:

Primary Legislation:
- The Constitution of the Republic of Ghana, 1992 (particularly Chapter 5 on Fundamental Human Rights and Freedoms, and Chapter 6 on The Directive Principles of State Policy).
- Minerals and Mining Act, 2006 (Act 703) and its amendment, Minerals and Mining (Amendment) Act, 2019 (Act 995). Full texts available on the Ghana Legislation website (laws.ghanalegal.com) or Parliament of Ghana portal.
- Environmental Protection Agency Act, 1994 (Act 490).
- Criminal Offences Act, 1960 (Act 29).
Ministerial and Regulatory Instruments:
- Legislative Instrument (L.I.) 2425, 2019 – Minerals and Mining (General) Regulations, which details operational guidelines and prohibitions.
- Press releases and directives from the Ministry of Lands and Natural Resources and the Environmental Protection Agency regarding the ban on mining in buffer zones and the use of chanfang machines (