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Ghana dispatch: demonstration against illegal mining highlights constitutional issues

by Derek Andrews
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A late September demonstration in Accra towards unlawful mining actions in Ghana led by the Democratic Hub has triggered a raft of constitutional points after the arrests of protestors.

Following the detainments, a brand new three-day protest was organized by activists beneath the banner of #Freethecitizens and #SayNotoGalamsey from October third to fifth in Accra. They demanded the discharge of the 54 protestors who have been held in police custody. After being stored in police custody for greater than 14 days, 53 of the protestors besides Oliver Baker Vormawor, the chief of the protest, have been lastly granted bail regardless of delay within the bailing course of after a proper order from the courtroom. Oliver Baker Vormawor himself lastly succeeded in securing bail after three failed attempts and reported instances of well being deterioration whereas beneath police custody.

Shortly after the discharge of the protesters, a lawsuit was filed towards the Legal professional Common and the Inspector Common of Police collectively over alleged breaches of their rights. The Ghana Federation of Labour, a commerce union middle, additionally threatened a nationwide strike if ample measures towards unlawful mining weren’t carried out. In an effort to handle this subject, the Legal professional Common directed the Environmental Safety Company to current Legislative Instrument (LI) 2462 (permitting mining in forest reserves) to Parliament for revocation. This motion by the Legal professional Common has sparked vital debate concerning the position of Parliament within the technique of revoking an LI, if any exists. Among the many outstanding opinions is that of Clement Kojo Akapame, Esq., who argued that merely presenting the discover can be ample to finish the revocation course of. He helps his argument just about the case of Opremreh v. Electoral Fee, which clearly said that Parliament can’t amend an LI, in addition to Article 11(7) of the 1992 Structure, which grants Parliament the ability solely to cross or annul laws, to not revoke them. He concluded by stating that the authority to revoke the LI lies with the Environmental Safety Company.

In my view, the protest led by the Democratic Hub is likely one of the most vital occasions of Ghana’s Fourth Republic, if not essentially the most vital. From its starting, it has questioned our alignment and dedication to the ideas of constitutionalism, the rule of legislation, and the doctrines of freedom and justice as our core constitutional values. It has illuminated the query of Parliament’s position within the technique of revoking an LI, contrasting with the normal observe the place sections of legislative devices are struck down by the courts as unconstitutional. This example presents a possibility to obviously outline the process and capabilities of Parliament within the revocation course of, a course of that surprisingly lacks a transparent precedent all through our constitutional historical past.

I concur with Clement Kojo Akapame’s assertion that, by advantage of Part 10(4)(d) of the Interpretation Act, 2009 (Act 792), laws needs to be interpreted in a fashion that fulfills its function. On this context, granting the ability to revoke an LI to the related authorities—who’re extra conversant in its intent and the problems it was designed to handle—serves as a verify on Parliament’s powers to revoke and amend laws at will. Undoubtedly, this demonstration has the potential to depart an indelible mark on the fields of human rights legislation and energy devolution, that are essential points of Ghana’s constitutional framework.

Source / Picture: jurist.org

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