Galamsey Crisis: Kenneth Ashigbey Demands Arrest of Tano North MCE Over Illegal License

Introduction

The persistent and devastating issue of illegal mining, widely known as galamsey in Ghana, has once again erupted into a major controversy, this time at the highest levels of the country’s mining governance. At the center of the storm is a bold and direct accusation from Ing. Dr. Kenneth Ashigbey, the Chief Executive Officer of the Ghana Chamber of Mines. During a media interview, Ashigbey publicly called for the arrest of the Municipal Chief Executive (MCE) for Tano North in the Ashanti Region. His allegation? That the local government official has committed a grave breach of law by purportedly issuing a prospecting licence, a power that constitutionally and legally rests solely with the national Minister for Lands and Natural Resources. This incident transcends a local administrative error; it is presented as a stark symptom of the institutional weaknesses and alleged corruption that continue to fuel the galamsey epidemic, undermining environmental protection, state revenue, and public trust. This article provides a comprehensive, SEO-optimized analysis of the event, unpacking the legal framework, the political implications, and the path forward for illegal mining enforcement in Ghana.

Key Points

Background: Understanding Ghana’s Mining Licensing Framework

The Legal Hierarchy of Mineral Rights

To grasp the severity of the allegation, one must understand the strict hierarchy governing mineral rights in Ghana. The primary legislation is the Minerals and Mining Act, 2006 (Act 703), as amended. This law vests all mineral rights in the President on behalf of the people of Ghana. The Act meticulously delineates the process for obtaining rights to explore and mine.

A prospecting licence is the first formal step. It grants the holder the exclusive right to prospect for minerals in a specified area. Critically, Section 99 of Act 703 states that the power to grant a prospecting licence rests exclusively with the Minister for Lands and Natural Resources, following a prescribed application and review process involving the Minerals Commission. This centralised control is designed to ensure transparency, technical assessment, and alignment with national mineral policy.

The Role of Decentralised Authorities

Ghana’s local government system, established under the 1992 Constitution, includes Municipal Chief Executives (MCEs) as the political and administrative heads of Metropolitan, Municipal, and District Assemblies (MMDAs). Their mandates are vast, covering local economic development, infrastructure, and social services. However, their authority does not extend to the granting of mineral rights. The MCE’s role in the mining sector is primarily supervisory within the district—ensuring compliance with local regulations, coordinating with security agencies on illegal mining (galamsey) hotspots, and facilitating community engagement. They are implementers of national policy, not makers of it in the realm of mineral licensing.

The Galamsey Menace: A National Security and Environmental Threat

Galamsey, or illegal small-scale mining, has been a perennial problem, but it reached crisis proportions in the 2010s. Its impacts are multi-faceted:

• Environmental Destruction: Unregulated mining leads to massive deforestation, siltation of water bodies (notably the Pra and Ankobrah rivers), and land degradation, destroying arable land and water sources for communities.
• Health Hazards: Use of mercury and other toxic chemicals contaminates water and food chains, posing long-term health risks including neurological damage.
• Economic Losses: The state loses billions in Ghana Cedis in unpaid taxes, royalties, and export revenues. Legitimate mining companies face unfair competition.
• Social Conflict: Galamsey sites are often hotspots for crime, violence, and exploitation, including child labour and the displacement of local communities.

Successive governments have launched military-backed operations (e.g., Operation Vanguard) and policy initiatives to combat galamsey, but the problem persists, partly due to alleged corruption and the complicity of some local and traditional authorities who issue unauthorised permits or turn a blind eye.

Analysis: Dissecting the Allegation and Its Implications

Deconstructing Ashigbey’s Statement

Dr. Ashigbey’s statement, made on the JoyNews (PleasureNews) platform, is specific and legally charged. He claims to have “sighted a file” containing a permit issued by the Tano North MCE for prospecting. His legal argument is straightforward and irrefutable based on Act 703: the signatory authority for a prospecting licence is the Minister. By attributing the document to the MCE, he implies a fundamental usurpation of statutory power.

His demand for arrest is not merely rhetorical. Under Ghanaian law, the unauthorised issuance of a document purporting to be a state licence can constitute forgery, impersonation, or obtaining by false pretences (per the Criminal Offences Act, 1960 (Act 29)). More specifically, if the MCE acted without legal authority, it could be seen as an abuse of office or misconduct in public office, which are prosecutable offences. The call for arrest signals that Ashigbey views this not as an administrative oversight but as a potential criminal act that must trigger the investigative and prosecutorial machinery of the state.

Political and Administrative Fallout

The allegation, if proven, would have explosive consequences:

• Undermining National Policy: It would confirm fears that the decentralisation of administrative functions has created loopholes for the subversion of national mining policy from within district assemblies.
• Erosion of Regulatory Authority: It directly challenges the authority of the Minerals Commission and the Ministry, suggesting their licensing processes can be bypassed by local political actors.
• Galamsey Nexus: The most sinister implication is that such an illegal permit could be used to launder galamsey operations. A “legal” prospecting licence, even if fraudulently obtained, can be used to secure equipment leases, access bank loans, or claim a veneer of legitimacy for what is essentially illegal mining activity, especially if the permit covers a known galamsey hotspot.
• Political Repercussions: The MCE is a political appointee of the President, typically recommended by the local party hierarchy and approved by the President. An arrest would be a major political scandal, forcing the ruling party and the presidency to respond decisively to avoid accusations of shielding officials.

Institutional Capacity vs. Political Will

This incident underscores a critical debate: is Ghana’s failure to curb galamsey primarily a capacity issue (lack of resources for monitoring) or a will issue (political and bureaucratic complicity)? Ashigbey’s allegation tilts heavily toward the latter. If a senior local government official can allegedly issue a licence, it suggests a breakdown in oversight within the assembly itself and potentially a network of interests benefiting from the status quo. The Ghana Chamber of Mines, representing large-scale mining companies that operate legally and pay significant taxes, has been a vocal critic of the government’s perceived laxity. This public confrontation puts immense pressure on the Ministry of Lands and Natural Resources and the Attorney-General’s department to act, lest they be seen as endorsing a parallel, illegal licensing regime.

Practical Advice: What Can Be Done? Recommendations for Stakeholders

For the Government and Regulatory Agencies

1. Immediate and Transparent Investigation: The Ministry of Lands and Natural Resources, in collaboration with the Office of the Special Prosecutor (if warranted), must launch an independent, public investigation into the specific allegation. The purported document must be seized and forensically verified.
2. Audit of All District-Level Permits: Conduct a nationwide audit of any mining-related permits or letters of intent issued by MMDAs, District Security Councils (DISECs), or traditional councils over the past five years. Cross-check them with the centralised database of the Minerals Commission.
3. Clarify and Re-communicate Mandates: Issue a definitive public statement and circular to all MMDAs reiterating, in no uncertain terms, that mineral licensing is a non-delegable, central government function. Include the specific sections of Act 703.
4. Strengthen Inter-Agency Coordination: Mandate the Minerals Commission to establish a formal liaison unit with the Department of Local Government to monitor and report any suspicious activities related to mining at the district level.
5. Protect Whistleblowers: Establish a secure, anonymous channel for officials within MMDAs and the Minerals Commission to report attempts at corrupt licence procurement without fear of reprisal.

For Civil Society and the Media

1. Vigilant Monitoring: CSOs focused on governance and environment (e.g., Ghana Center for Democratic Development, WACAM) should monitor the investigation’s progress and advocate for its completion.
2. Public Education: Launch campaigns to educate citizens and local assembly members on the exclusive authority for mineral licensing. This empowers communities to identify and report fraudulent documents.
3. Investigative Journalism: Media houses should pursue the story beyond the initial allegation. Who applied for the permit? What is the status of the land? Are there active galamsey operations there? Follow the money trail.

For Citizens and Communities

1. Verification Protocol: Any individual or group presented with a mining permit or authorisation must verify it directly with the Minerals Commission headquarters in Accra or its regional offices. Do not rely on local officials’ word.
2. Report Suspicious Activity: Report any suspected illegal mining or unauthorised permit issuance to the Minerals Commission (via their hotline), the EPA, or the District Security Council. Document with photos, videos, and dates.
3. Engage with Assemblies: During public forums (e.g., town hall meetings, Assembly sitting), question MCEs and Assembly members explicitly about mining licences in the district. Demand transparency in land allocation decisions.

FAQ: Common Questions About the Galamsey License Allegation

Q1: Can a Municipal Chief Executive (MCE) ever issue a mining permit in Ghana?

A: No. Under the Minerals and Mining Act, 2006 (Act 703), the exclusive authority to grant a prospecting licence or a mining lease rests with the Minister for Lands and Natural Resources. An MCE’s powers, derived from the Local Government Act and the 1992 Constitution, do not include mineral rights issuance. Any such document purportedly signed by an MCE is not a valid legal licence and is likely fraudulent.

Q2: What is the difference between a prospecting licence and a mining licence?

A: A prospecting licence (for minerals like gold, diamonds) allows the holder to explore and test for minerals in a specific area. It is the preliminary stage. A mining lease or licence is granted after successful prospecting and a detailed feasibility study, allowing the holder to extract minerals commercially. Both require ministerial approval, but the processes and requirements differ.

Q3: Why would someone want a fake prospecting licence?

A: A fraudulent licence can be used to:

• Deceive financiers, banks, or investors to secure funding for equipment and operations.
• Attempt to “legalise” an existing galamsey operation by creating a paper trail.
• Secure access to land by intimidating landowners or competing operators with false documentation.
• Exploit regulatory gaps where local authorities might be misled into providing ancillary support (e.g., security, access).

Q4: What laws are broken if an MCE issues such a permit?

A: Potential offences include:

• Forgery (Act 29): Creating a false document with intent to deceive.
• Misconduct in public office (Common Law/Act 29): A public officer wilfully neglects to perform a duty or misconducts themselves to the prejudice of the state.
• Abuse of office (Act 29): Using public office for a purpose other than the one intended.
• Conspiracy to commit a crime if others are involved.

The specific charges would depend on the findings of a police investigation and the advice of the Attorney-General.

Q5: Has this ever happened before?

A: There have been numerous reports and investigations over the years implicating district assemblies, traditional councils, and local security committees in issuing unauthorised mining permits or facilitating galamsey. In 2019, the then-Minister for Lands and Natural Resources, Kwaku Asomah-Cheremeh, revealed that some MMDAs were complicit in illegal