Ghana’s constitution backs declaring state of emergency in galamsey fight

International Law lecturer at the University of Ghana, Kwadwo Appiagyei-Atua does not agree with the position of Asiedu Nketia on the need to declare a state of emergency in the fight against illegal mining.
The NDC chairman has urged Ghanaians to push for practical and sustainable solutions rooted in the rule of law, insisting that broad-based reforms, not authoritarian shortcuts, hold the key to ending illegal mining.
“If you intend to deal with galamsey and you declare a state of emergency, it means you have suspended the constitution. People can shoot and kill at will.
“How will you be sure that those who are shooting and killing are the ones fighting galamsey? That is another matter,” he argued.
But in a Facebook post, Kwadwo Appiagyei-Atua indicated that Asiedu Nketia had it wrong.
He argued that declaring a state of emergency is backed by the Ghanaian constitution, which sets out clear guidelines on how to declare it.
“No sir. You’re completely wrong. Declaring a state of emergency is provided for in the Constitution. It sets out clear guidelines for declaring one. And there is legislation (the Emergency Powers Act, 1994 (Act 472), derived from the Constitution, which sets out guidelines on how to declare one and execute it,” he explained.
He reminded the government that the people of Ghana are still waiting for the ruthless campaign against galamsey as promised by Foreign Affairs Minister, Samuel Okudzeto Ablakwa following the demise of the eight Ghanaians in the helicopter crash.
“We’re still waiting to know about the President’s promise, spilled out through the Minister of Foreign Affairs and Regional Integration, that “President Mahama is going to lead a very ruthless and relentless campaign against Galamsey. He has not minced words at all.” That was on 14 August 2025.”
Read His Comments Shared Via Social Media Below:
No sir. You’re completely wrong. Declaring a state of emergency is provided for in the Constitution. It sets out clear guidelines for declaring one. And there is legislation (the Emergency Powers Act, 1994 (Act 472), derived from the Constitution, which sets out guidelines on how to declare one and execute it.
Only an irresponsible government will declare a state of emergency and allow people to shoot and kill at random. Moreover, we are calling for targeted state of emergency in galamsey-ravaged communities for a temporary time.
It is under the present regime that we’ve seen national security agents fighting authorised anti-galamsey task forces on assignment. Yet, when the call was made to investigate the matter nothing came out of it.
We’re still waiting to know about the President’s promise, spilled out through the Minister of Foreign Affairs and Regional Integration, that “President Mahama is going to lead a very ruthless and relentless campaign against Galamsey. He has not minced words at all.” That was on 14 August 2025.
We’re still waiting.
Let us also recall what the Acting Chief Executive Officer of the Ghana Gold Board (GoldBod), Sammy Gyamfi, said on 24 April 2025: “Legislative Instrument (L.I) 2462, which currently sanctions mining activities within forest reserves, will be revoked as soon as Parliament reconvenes.”
Parliament reconvened 27 May 2025. We’re still waiting.
On 7 April 2025, the Dr Murtala Mohammed of blessed memory (may his soul rest in peace) stated: “State of emergency declaration should be done as a result of security briefing and advice you get. President John Dramani Mahama has actually engaged those clothed with the capacity security-wise, to advise him on these issues.”
We’re still waiting to hear from the President.
Or maybe Mr Asiedu Nketiah is reporting on the outcome of the security briefing?