Sue mining company for $100m in damages, sack law enforcers as well – Prof Kwaku Azar advocates

Prof. Stephen Kwaku Asare Prof. Stephen Kwaku Asare

Ghanaians in shock as explosion flattens Bogoso township

Apiate cannot be inhabited by humans

Prof Kwaku Azar laments lack of enforcement of rules

A US-based Ghanaian Lawyer and scholar, Prof. Stephen Kwaku Asare has bemoaned the lack of implementation of rules and regulations in the country in the latest incident of an explosion in Bogoso, Thursday, January 20, 2021.

In a post on his social media timeline, Kwaku Azar as known popularly mentioned that the country has promulgated laws that could have prevented the unfortunate occurrence.

He lamented the nonchalant behaviour of lack of enforcement of the rules and regulations by those trusted with the responsibility to do so.

“Very saddened by the tragic events of Bogoso. And equally upset that we have reduced our laws to mere suggestions. We have crafted LI 2177 to avoid the carnage we are witnessing at Bogoso. Amongst its many sensible and stringent regulations, it requires the vehicle compartments in which explosives are transported to be covered with sheet metal and lined with treated wood to render it non-inflammable. The compartment should be ventilated, the vehicle should be clearly marked with the danger sign, there are fire extinguisher rules, driver training requirements, etc. But to what effect, if these regulations are not enforced?” Kwaku Azar wondered.

“Accidents do happen and there is no doubt that the accident here is the actual cause of the problem. But accidents do not cause the kind of carnage we are witnessing. Rather, the negligent transportation of explosives on the Bogoso highway, itself the product of absence of enforcement, is the proximate cause of the carnage,” he added.

Kwaku Azar also called for legal actions to be initiated against the mining company.

He further tasked duty bearers to ensure the sacking of persons found to have been complicit in the enforcement of rules and regulations.

“The mining company must be held accountable for the carnage! I see, at least, $100M of damages. But that’s not all. Who are those responsible for enforcing L1 2177? They must all be held accountable. For the avoidance of doubt, a press release taking responsibility is not accountability. People must be fired, prosecuted, demoted, etc. And I repeat, laws are not self-enforcing. We can write and rewrite them as often as we want but they are pretty useless if we are not going to enforce them or selectively do so,” he concluded.

The country was thrown into a state of shock as the news went rife of an explosion which had almost nearly flattened the entire township of Bogoso.

According to the police, the huge explosion occurred in the afternoon at Apiate between Bogoso and Bawdie in the Western Region.

In a subsequent notice, the police detailed that, “preliminary investigation has established that a mining explosive vehicle moving from Tarkwa to Chirano mines collided with a motorcycle resulting in the explosion”.

The unfortunate incident has left many dead and others critically injured.