GoldBod CEO Warning: Professor Says Officials Who Allow Unlicensed Mining Could Face Legal Action

Professor Kwadwo Appiagyei-Atua has warned that public officials who direct authorities to allow unlicensed mining activities could face legal consequences for allegedly aiding or abetting a criminal offence.

The Professor of International Law and Human Rights at the University of Ghana School of Law raised the concern in an opinion article responding to comments attributed to the Chief Executive Officer of the Ghana Gold Board (GoldBod) regarding the regularisation of mining operations.

The GoldBod CEO had reportedly suggested that miners operating outside restricted areas should be allowed to continue their activities while steps were taken to register and formalise their operations.

However, Prof Appiagyei-Atua argued that such an approach would conflict with Ghana’s existing mining legislation, which requires operators to obtain the necessary authorisation before commencing mining activities.

He cited Sections 9 and 82 of the Minerals and Mining Act, 2006 (Act 703), which establish requirements for mineral rights and licences for mining operations, including small-scale mining.

According to the legal scholar, any official who directs or facilitates mining without the required licence could potentially incur liability for abetting a criminal offence under Section 20 of the Criminal Offences Act, 1960 (Act 29).

He also raised concerns about possible liability under other legal provisions governing the unlawful facilitation of small-scale mining activities.

Prof Appiagyei-Atua further questioned whether directives permitting unlicensed mining would be consistent with constitutional requirements governing the exercise of discretionary powers by public officials and their responsibilities towards environmental protection.

He maintained that the minister responsible for mines has the authority to issue licences under the law but does not have the power to exempt operators from the licensing requirements through administrative directives.

The professor also rejected the argument that mining operations could be considered permissible simply because they were conducted outside water bodies, forest reserves and roadsides.

He explained that compliance with location restrictions does not replace the obligation to secure the necessary mining authorisation.

While acknowledging that formalising artisanal and small-scale mining is a legitimate policy objective, Prof Appiagyei-Atua identified several lawful measures that could support the process.

These include establishing designated mining areas, accelerating licensing procedures and providing licensing assistance at the district level.

He emphasised that the central legal concern was the sequence of activities, arguing that miners must obtain the required authorisation before beginning operations rather than commence mining and seek registration afterwards.

The professor further maintained that subsequent registration or regularisation would not automatically eliminate liability for offences committed before the necessary licences were obtained.

He warned that miners who rely on assurances from public officials could still face prosecution if their activities violate the law, as administrative representations cannot independently override statutory requirements.

Prof Appiagyei-Atua called on citizens to use lawful means to challenge illegal mining, commonly known as galamsey, and urged public authorities to ensure that efforts to formalise the sector comply with Ghana’s legal framework.

Source: https://www.myjoyonline.com/officials-could-face-abetment-liability-for-allowing-unlicensed-mining-prof-appiagyei-atua-on-goldbod-ceos-comment/

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