No Law Can Be Bigger Than the Constitution, Legality of Mining Licences Takes Centre Stage

A University of Ghana law lecturer, Prof. Kwadwo Appiagyei-Atua, has emphasised the importance of respecting the law in Ghana’s mining sector, arguing that no individual or authority can act contrary to the law under the guise of exercising power.

In a zoom meeting with the lecturer on Kessben Maakye show in Accra, he disclosed that, Minerals and Mining Act, 2006 (Act 703), establishes the legal framework governing mining activities in Ghana, including the requirements for obtaining the necessary mineral rights and licenses.

He stress that ownership of land does not automatically grant an individual the right to mine minerals on it. Landowners seeking to engage in mining must obtain the appropriate mineral rights and authorisation from the relevant authorities.
The lecturer further points to Section 8 of the Minerals and Mining Act, which provides for the minister responsible for mines to issue mining leases in accordance with the law.
He also warns against attempts to obtain mining licenses through unlawful means, noting that Sections 92 and related provisions of the Act address illegal mining activities and associated offences.

The lecturer further indicated that amendments introduced under the previous New Patriotic Party (NPP) administration increased penalties for certain mining-related offences, including imprisonment of up to 25 years in applicable cases.

Commenting on public statements Sammy Gyamfi Esq. concerning mining regulations, the lecturer questioned the authority of anyone seeking to reinterpret or circumvent the law without a proper legal basis.
He maintained that his position should not be interpreted as an attack on Sammy Gyamfi who is also the Chief Executive Officer (CEO) of Goldbod but rather as a call for those in positions of authority to uphold the law and avoid statements that could encourage further illegality in the mining sector.

The comments come amid continuing national concerns over illegal mining, commonly known as galamsey, and calls for stronger enforcement of Ghana’s mining laws.
The central message is clear: land ownership alone does not confer the right to mine, and all mining activities must comply with Ghana’s legal framework.