Renowned legal practitioner, Mr. Tsatsu Tsikata, has cautioned against persistent calls for President John Dramani Mahama to declare a state of emergency in the fight against illegal mining, popularly known as galamsey.
Speaking on TV3’s Agenda programme on September 30, Mr. Tsikata said while galamsey poses an existential threat, a state of emergency may not be the most practical solution.
“The way to deal with an existential threat is not necessarily to declare a state of emergency. When you declare a state of emergency, it is to enable you do something you otherwise cannot do. If you can deploy troops or mobilise community support to fight galamsey, why not? Let’s not behave as if nothing has been done. I have to say that sometimes people should be careful what they wish for,” he cautioned.
Calls for emergency powers have intensified in recent weeks, with groups such as the Ghana Coalition Against Galamsey, the Catholic Bishops’ Conference, Echo Conscious Citizens, and Arocha Ghana demanding immediate action after reports that food crops are being contaminated by metals from mining activities.
But Mr. Tsikata warned of the wider implications, stressing that such a declaration could hand the President sweeping powers with unintended consequences.
“The easiest thing is for the President to say ‘I’m declaring a state of emergency.’ But even after that declaration, how are you going to implement enforcement? What capacity do you have in terms of the economy and available resources?” he asked.
He further noted that Ghana’s Constitution ties emergency powers to chapters on human rights, which makes the measure potentially dangerous if abused.
“Declaring a state of emergency gives powers to the President to do things which, under normal circumstances, he would not have the ability to do. Do you really want the President to have such unusual powers? In my view, I can’t see the real justification for it,” Mr. Tsikata concluded.
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