OccupyGhana, a pressure group, has disclosed that, President Akufo-Addo should not challenge Ghanaians to go to court over the burning of the excavators. According to the group, the President should rather follow laid down regulations in dealing with illegal mining in the country.
Contained in a press release, the pressure group further challenged the president to halt his “burn on sight” project.
The group’s comments follow statements by the President urging people who have their excavators destroyed to resort to legal action.
“We have grave reservations over comments reportedly made by the President while delivering the keynote speech at the sod-cutting ceremony to mark the commencement of the construction of new premises for the Ghana School of Law on 26 May 2021.
“The President should not challenge Ghanaians to go to court. We rather challenge him to follow the law, and respect the principles of constitutionalism and rule of law, which remain the cornerstones of our democracy. We challenge the President to stop the ‘burn-on-sight’ policy. If the government needs another amendment, it should go back to Parliament. But exacting extra-legal and extra-judicial punishment on alleged offenders should stop forthwith”.
Additionally, OccupyGhana maintains that, for august event, the words of the President are likely to be “immortalised” and “generations of law students will be referred to that speech”.
“However, we are unable to agree with the headlining of that speech with an endorsement of the palpable illegality and obvious breach of the rule of law by government’s current ‘burn-on-sight’ punishment exacted on alleged illegal miners”.
In a similar vein, the pressure group disagreed with the President’s “dismissive challenge” to Ghanaians “to go to court”.
Minerals and Mining Act
Justifying their stance on the premise of the Mineral and Mining Act, the group insisted that the President is “wrong” on his “burn on sight” policy.
It further revealed that, such an act breaches current laws on setting properties on fire.
“The President knows that he is wrong, and that Ghana law on ‘tainted property’ (which is what the excavators are) does not authorise the government’s ‘burn-on-sight’ policy. In each of the 2006 Minerals and Mining Act (as amended), the 2010 EOCO Act, the 2017 Office of the Special Prosecutor Act and the 2020 Narcotics Control Commission Act, special provisions are made on how ‘tainted property’ (defined to include property that is used to commit a crime) may be seized and then confiscated to the state by court orders.
“The current ‘burn-on-sight’ policy would mean that all of those properties could be set on fire on sight, a clear breach of the relevant laws. No one needs a court to say that to Ghanaians. We know it. The President knows it. We challenge the President to follow the law”.
Fighting illegal mining
Recounting their campaign against galamsey, OccupyGhana disclosed that, they have been propagators “as far back as 2015”.
“After the President’s election, we were impressed when he called the bluff of galamsey operators and declared that he was prepared to stake his presidency on ensuring that the law was applied and complied with. On 5 March 2017, we issued a press statement with an unqualified endorsement of the President’s statements and actions at the time”.
However, they were soon to be disappointed when Aisha Huang was first arrested and government operatives “schemed to charge her with some risibly minor Immigration offences”.
“When we were alerted about this we immediately petitioned the then Attorney-General on 16 May 2017, protesting the ridiculous charges and demanding that the proper mining offences be laid”.
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