‘An instruction to permit the commission of a crime’ – Prof Appiagyei-Atua challenges mining directive

A Professor of International Law and Human Rights at the University of Ghana School of Law has challenged a mining directive described by the GoldBod CEO as permitting criminal conduct.

Prof Kwadwo Appiagyei-Atua, in an opinion article, rejected the suggestion that people without licences could mine in certain locations while awaiting registration.

“So the instruction described is an instruction to permit the commission of a crime carrying, for a Ghanaian, a mandatory minimum of fifteen years,” he stated.

The criticism follows comments by the GoldBod CEO about allowing miners to operate outside water bodies, forest reserves and other restricted locations.

“Once it’s not a water body; it’s not a forest reserve or… place like a roadside, whether the person has a licence or not; the government says we should allow the person to mine and register and regularise them,” the CEO said.

Prof Appiagyei-Atua argued that this approach reverses the legal requirements for mining.

“The law permits: register first, then mine. The statement describes mining first, then registering.”

Citing sections 9 and 82 of the Minerals and Mining Act, 2006, the professor said mining requires statutory authorisation. Ownership of the land does not remove that requirement.

The article argues that the minister’s authority to grant licences does not include permission to operate without one.

“A ministerial or administrative direction that unlicensed persons ‘should be allowed to mine’ is therefore ultra vires,” Prof Appiagyei-Atua said.

The professor also challenged the emphasis on location. The article says operating outside a river, forest reserve or roadside does not remove environmental permitting requirements.

“A site that is neither a water body nor a forest reserve nor a roadside is still unlawful to mine without an environmental permit,” he said.

However, Prof Kwadwo Appiagyei-Atua distinguished formalisation from allowing unlicensed activity. The article supports lawful measures to bring artisanal and small-scale miners into the regulatory system.

It identifies fast-track registration, designated mining areas and district-level licensing support as possible routes.

The professor stressed that the objection concerns the order in which mining and licensing occur.

“Regularisation cannot retroactively cure a completed offence,” Prof Kwadwo Appiagyei-Atua said.

The article also warns that miners who rely on an official assurance could remain exposed to prosecution.

“The Goldbod CEO’s assurance is no defence to the miner,” he emphasised.

Beyond miners’ liability, the professor argues that officials who facilitate unlawful operations could face legal consequences, including possible liability for abetment.

The article ends with a call for lawful resistance to illegal mining.

“We must take all legal action to resist galamsey,” Prof Kwadwo Appiagyei-Atua said.