Author: Peter Martey Agbeko, APR
In the heart of Ghana’s legislative chambers, a critical debate unfolds, reflecting the nation’s struggle between procedural formalities and urgent environmental action.
This is a clear case of form over substance, instead of the other way round. Substance over Form! The crux of this debate centers on Legislative Instrument (L.I.) 2462, which proposes to revoke the President’s authority to permit mining activities in forest reserves—a move aimed at curbing the rampant illegal small-scale mining, locally known as “galamsey.”
On March 18, 2025, Parliament witnessed a heated exchange as the Minister for Environment, Science, and Technology, Dr. Ibrahim Mohammed Murtala, attempted to present L.I. 2462. The Minority Leader, Alexander Afenyo-Markin, insisted on a pre-laying procedure, emphasising adherence to parliamentary protocols. In contrast, Majority Leader Mahama Ayariga argued for immediate action, highlighting the consensus on the instrument’s necessity and the urgency of addressing the environmental degradation caused by galamsey.
This insistence on procedural correctness, while foundational to democratic processes, raises a critical question: At what cost do we prioritise form over substance? Ghana’s forest reserves, once lush and vibrant, now bear the scars of unchecked mining activities. The Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), permitted mining in these reserves, leading to significant environmental degradation. The consequences have been dire: polluted rivers, devastated farmlands, and the loss of biodiversity. Illegal mining has not only threatened the livelihoods of communities dependent on these ecosystems but has also posed severe health risks due to the use of hazardous chemicals like mercury.
The economic implications are equally alarming. Ghana, renowned as one of the world’s top cocoa producers, has seen its cocoa yields decline as farmers abandon their plantations for the more lucrative but illegal gold mining ventures. This shift threatens the nation’s position in the global cocoa market and has contributed to rising chocolate prices worldwide.
Moreover, the government loses approximately $2 billion annually in tax revenues due to illegal mining operations. While the importance of due process in legislative matters cannot be understated, the urgency of the galamsey crisis necessitates swift and decisive action. Delays in passing critical legislation like L.I. 2462 exacerbate environmental destruction and economic losses.
The longer illegal mining persists, the more challenging and costly restoration efforts will become. Furthermore, the social fabric of affected communities continues to fray as livelihoods are destroyed and health hazards proliferate. In this context, the call for a three-day pre-laying process, as ruled by First Deputy Speaker Bernard Ahiafor, appears as a compromise between procedural integrity and the pressing need for action.
However, it is imperative that this period be utilized efficiently to ensure that further delays do not occur. The Subsidiary Legislation Committee must expedite its review to facilitate the prompt laying of the instrument. Failure to do so would signify a preference for procedural formality over the substantive well-being of the nation.
Ghana stands at a crossroads where the decisions made today will reverberate through its environmental, economic, and social landscapes for generations. While adherence to parliamentary procedures is essential, it should not become a hindrance to addressing crises that threaten the nation’s core. The price of prioritising form over substance is one that Ghana cannot afford to pay.
