Merton & Everett LLP, a renowned legal firm has filed a Writ of Summons and an Application for an Interlocutory Injunction at the High Court on behalf of seven prominent environmental organizations and advocates.
This action aims to halt all mining activities within the ecologically critical areas, including forest reserves, challenging the legality of recent regulatory changes.
“Merton & Everett LLP is proud to announce that we have successfully filed a Writ of Summons and an Application for an Interlocutory Injunction in the High Court, on behalf of our clients, A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Dr. Ken Ashigbey (Convener for the Media Coalition Against Galamsey)”.
Merton & Everett LLP
The legal suit, filed by the group of environmentalists highlighted deep concerns over the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462).
The plaintiffs argued that this regulation directly contradicts long-standing laws designed to protect Ghana’s forest reserves from exploitation.
Key Legal Arguments Against L.I. 2462
Merton & Everett LLP articulated two major legal contentions in the lawsuit, particularly with the established Forest and Mining Laws. The plaintiffs argued that L.I. 2462, which permits mining in forest reserves, is in direct conflict with the Minerals and Mining Act, 2006 (Act 703) and the Forests Act, 1927 (CAP 157).
It pointed out that these foundational pieces of legislation have long served to shield forest reserves from being subjected to mining operations, prioritizing the conservation of Ghana’s biodiversity.
Additionally, the lawsuit contended that L.I. 2462 was introduced in Parliament without the required fiscal impact analysis, in violation of the Public Financial Management Act, 2016 (Act 921).
The lawsuit posited that the absence of this analysis raises questions about the financial prudence of enabling such destructive activities in environmentally sensitive areas.
Objectives of the Legal Action
In explaining the objectives of the legal action, the statement noted that Merton & Everett LLP’s legal action seeks to secure critical environmental protections through the court system.
The injunction application filed alongside the lawsuit according to the statement aims to cause an immediate halt on mining permits, and in addition prevent the issuance of any new permits or licenses that would allow mining to continue or expand in forest reserves under the disputed L.I. 2462.
Again, Merton & Everett LLP noted that its lawsuit seek to restrain any person or organization already in possession of mining licenses from commencing or continuing mining operations in forest reserves.
The legal action also seek to halt the exercise of presidential powers that could approve mining activities in globally significant biodiversity areas until the Court delivers a final decision on the matter.
A Call for Environmental Justice
Merton & Everett LLP, widely known for its commitment to environmental justice and legal excellence, considers this case a watershed moment in Ghana’s legal history.
The case comes at a time when the debate over mining, particularly illegal mining’s impact on the environment is intensifying across the globe.
Ghana, one of Africa’s leading gold producers, has experienced significant environmental degradation due to illegal mining, commonly referred to as “galamsey,” and authorised mining projects in sensitive ecological areas.
The plaintiffs’ legal challenge, therefore, resonates far beyond the courtroom, bringing to the forefront broader questions about sustainable development, environmental governance, and public accountability.
Merton & Everett LLP extended its gratitude to its clients for their trust in the firm. “We are honoured to represent such esteemed organizations and individuals, all united by a shared vision for a sustainable and thriving environment for future generations“.
This case, according to Merton & Everett LLP is a reaffirmation of its dedication to the highest standards of legal practice, especially in matters of public interest and environmental protection.
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