President John Dramani Mahama has been urged to reaffirm his administration’s commitment to fighting illegal mining and ensure that public statements by government appointees do not create confusion about the enforcement of the law.
Professor Kwadwo Appiagyei-Atua, a lecturer in International Law and Human Rights at the University of Ghana School of Law, said the President needed to clarify the government’s position following controversial remarks by Ghana Gold Board (GoldBod) Chief Executive Officer Sammy Gyamfi on galamsey.
He argued that the President’s silence could be interpreted as acceptance of the GoldBod CEO’s comments, potentially creating the impression that the government was softening its stance on illegal mining.
Speaking to Bernard Avle on Channel One TV on Monday, Prof. Appiagyei-Atua said the President, as the appointing authority, had a responsibility to address the controversy and make the administration’s position clear.
“The responsibility lies with the President to be able to make sure that what Mr Gyamfi said, he said it in the name of the government. So who else is better placed to respond to this question? Because if you don’t condemn, then you are deemed to be condoning,” he said.
He called on President Mahama to ask Mr Gyamfi to publicly retract his remarks and, if necessary, apologise to prevent illegal miners from interpreting them as an endorsement of their activities.
Prof. Appiagyei-Atua said a clear response from the GoldBod CEO would help eliminate any ambiguity about the government’s policy on galamsey.
“He should probably ask the GoldBod CEO to come out clearly and state that, ‘Here, you got it wrong. So please, let us not create the impression that we are supporting illegal mining.’ So just come out, retract the statement and then, even if you have to apologise, make the message very clear to the illegal miners that you are not endorsing this practice,” he said.
GoldBod CEO cannot change the law
The law lecturer stressed that public statements by government officials could not change the existing legal framework governing mining activities in Ghana.
He maintained that any amendments to mining laws must follow the appropriate constitutional and legislative procedures and could not be achieved through comments made by individual public officials.
“The law has not changed. The CEO cannot change the law,” he stated.
He said the controversy therefore required a clear distinction between the personal remarks of a government appointee and the official policy of the administration.
According to him, the President should publicly state the government’s position to prevent the comments from being interpreted as a departure from its commitment to tackling illegal mining.
“The President should come out clearly to let us know the position of the government on the galamsey fight and not to endorse the statement made by Mr Gyamfi,” he added.
Environmental concerns heighten scrutiny
The controversy comes amid continued public concern over the environmental and economic consequences of illegal mining, including pollution of water bodies, destruction of forest reserves and damage to agricultural lands.
Efforts to address galamsey have involved law enforcement, regulation of mining activities and calls for stronger accountability.
Prof. Appiagyei-Atua argued that statements by senior public officials on the issue must be carefully handled to avoid undermining public confidence in the government’s response.
He maintained that President Mahama’s intervention would help establish whether Mr Gyamfi’s remarks reflected government policy and reaffirm the administration’s position on illegal mining.
However, the full context of the GoldBod CEO’s original comments, alongside any subsequent clarification from GoldBod or the Presidency, would be important in assessing the controversy and the government’s position.
