
CPP’s Ghanamannti Slams L.I. Revocation on Unlawful Mining: A Call for Constitutional Action
Introduction
The debate surrounding illegal mining in Ghana, locally known as galamsey, has reached a fever pitch following the government’s decision to revoke the Legislative Instrument (L.I.) regulating mining activities. While many view this revocation as a victory for environmental protection, Wayoe Ghanamannti, a former running mate of the Convention People’s Party (CPP), offers a starkly different perspective.
In a recent appearance on Prime Insight on Joy Prime, Ghanamannti slammed the revocation as a superficial gesture that fails to address the catastrophic environmental and health consequences of unlawful mining. This article delves deep into his arguments, exploring why he believes a State of Emergency is the only viable solution and why Civil Society Organizations (CSOs) are losing the momentum needed to force meaningful change.
Key Points
- Insufficiency of L.I. Revocation: Ghanamannti argues that repealing the Legislative Instrument does not purify polluted water bodies or rehabilitate contaminated soil.
- Call for a State of Emergency: He asserts that President John Mahama (or the sitting administration) must declare a state of emergency in affected mining areas to deploy the military and halt operations completely.
- CSO Inconsistency: He criticizes Civil Society Organizations for initially demanding a state of emergency only to retreat from that stance later.
- Long-term Environmental Damage: The CPP stalwart highlights that soil contaminated by heavy metals like Lead (Pb) and Mercury (Hg) may take 50 to 100 years to recover.
- Constitutional Accountability: He invokes Article 69 of the 1992 Constitution, arguing that the President’s failure to act constitutes a basis for removal from office.
Background
To understand the gravity of Ghanamannti’s statements, one must contextualize the illegal mining landscape in Ghana. Galamsey involves the extraction of gold and other minerals by individuals or groups without the requisite mining licenses. While often portrayed as a means of livelihood for many unemployed youth, it has resulted in widespread deforestation, the pollution of major water bodies like the Pra and Ankobra rivers, and the destruction of arable farmland.
The Legislative Instrument Controversy
At the center of this controversy is the revocation of a specific Legislative Instrument (L.I.) that previously provided a framework for mining operations. The government’s decision to revoke it was ostensibly to curb abuses. However, critics like Ghanamannti view this as a bureaucratic maneuver rather than an enforcement mechanism. The revocation does not inherently stop the act of mining; it merely removes the regulatory framework, potentially creating a legal vacuum or signaling a lack of political will to enforce existing environmental laws.
Wayoe Ghanamannti’s Political Stance
Wayoe Ghanamannti Esq. is a legal practitioner and a prominent figure within the Convention People’s Party (CPP). As a former operating mate (vice-presidential candidate), he positions himself as a guardian of constitutional order and national interest. His critique is not merely political opposition but is framed as a patriotic duty under Article 41 of the Constitution, which outlines the duties of a citizen.
Analysis
Ghanamannti’s critique offers a multi-layered analysis of the political and environmental crisis. His arguments challenge the status quo of Ghanaian democracy and environmental governance.
The Futility of Legislative Revocation
Ghanamannti’s primary assertion is that revoking the L.I. is a performative act. He states, “The L.I. does not purify the waters.” This is a critical distinction between policy and outcome. While legislation can theoretically restrict activity, the physical damage already inflicted requires remediation, not just legal cancellation. The revocation does not address the heavy metals (like lead and mercury) already leaching into the water table. His argument suggests that without a physical stop to the mining activities, legal changes are moot.
The Argument for a State of Emergency
The call for a State of Emergency is the most drastic measure proposed. Ghanamannti compares the galamsey menace to an existential threat. He argues that the magnitude of the disaster—deformed newborns, poisoned water, and dead soil—warrants emergency powers.
By declaring a state of emergency, the government can legally deploy the military to mining zones, suspend certain civil liberties, and enforce a total ban on mining activities. He draws a parallel with Singapore’s history, noting that strict enforcement (such as the ban on public spitting) was necessary to instill discipline. This suggests that Ghanamannti believes Ghanaians respond better to “hard measures” than to democratic persuasion alone.
Constitutional Accountability (Article 69)
Perhaps the most controversial part of his analysis is the invocation of Article 69 of the 1992 Constitution, which provides the grounds for the removal of a President. Ghanamannti argues that if the President fails to act on an existential threat—specifically by failing to declare a state of emergency—he is engaging in “conduct that is prejudicial to the state.”
He also criticizes the Speaker of Parliament, Alban Bagbin, for allegedly withholding a notice he submitted regarding this constitutional matter. This highlights a friction between the executive, the legislature, and the judiciary regarding the enforcement of constitutional mandates.
Practical Advice
Based on Ghanamannti’s insights, what are the actionable steps for stakeholders concerned about environmental protection in Ghana?
For Policymakers
- Focus on Enforcement, Not Just Legislation: Instead of revoking L.I.s, focus on resourcing the Environmental Protection Agency (EPA) and the security agencies to enforce existing laws.
- Remediation Planning: Immediate budget allocation for the cleanup of polluted water bodies and soil rehabilitation is necessary, as the damage is long-term (50-100 years).
For Civil Society Organizations (CSOs)
- Maintain Consistent Pressure: Ghanamannti criticized the silence of CSOs after initial protests. Sustained advocacy is required to prevent political fatigue on the issue.
- Non-Partisan Approach: Ensure that the fight against galamsey remains a national security and health issue, rather than a political tool used against specific administrations.
For the Citizenry
- Report Illegal Activities: Citizens should utilize official channels to report galamsey operators.
- Public Health Awareness: Communities must be educated on the health risks of consuming water and food contaminated by heavy metals from illegal mining.
FAQ
What is the L.I. revocation mentioned by Ghanamannti?
The L.I. (Legislative Instrument) revocation refers to the government’s decision to cancel the specific legal framework that previously governed mining activities. Ghanamannti argues this move is insufficient because it does not physically stop the pollution caused by illegal mining (galamsey).
Why does Wayoe Ghanamannti want a State of Emergency?
He believes the galamsey crisis is an “existential threat” due to the irreversible damage to water bodies and the health impact on citizens (such as deformed newborns). A state of emergency would allow the government to deploy the military and strictly enforce a halt to mining activities.
What is Article 69 of the Ghana Constitution?
Article 69 of the 1992 Constitution of Ghana outlines the process for removing a President from office. Ghanamannti argues that the President’s failure to tackle illegal mining effectively could be grounds for impeachment under this article, as it constitutes misconduct prejudicial to the state.
What does Ghanamannti say about Civil Society Organizations?
He accuses CSOs of losing their momentum. He notes that while they initially made “a lot of noise” and called for a state of emergency, they have since “gone quiet,” which he views as hypocritical.
How long does it take for soil to recover from galamsey pollution?
According to Ghanamannti, soil contaminated by heavy metals from illegal mining can take between 50 to 100 years to recover, a timeframe that outlives the current generation.
Conclusion
Wayoe Ghanamannti’s critique of the L.I. revocation on unlawful mining serves as a sobering reality check. He moves the conversation beyond legal technicalities to the urgent reality of environmental destruction and public health. His argument posits that administrative changes are futile without the political will to enforce a total shutdown of illegal mining activities.
The call for a State of Emergency remains the most contentious yet potentially effective solution proposed. As the soil and water of Ghana continue to degrade, the question remains: will the government and civil society heed the call for drastic action, or will the “noise” fade away until the damage is truly irreversible? Ghanamannti’s warning is clear: the future of the nation is at stake, and “joking with the future” is a luxury Ghana can no longer afford.
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