A coalition of six civil society organizations (CSOs) and one individual has initiated legal action to protect Ghana’s forest reserves from mining activities. The group, including A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (Convenor of Media Coalition Against Galamsey), filed a Writ of Summons and an Application for an Interlocutory Injunction in the High Court against several government entities.
The defendants named in the suit include the Minister for Environment, Science, Technology and Innovation, Environmental Protection Agency (EPA), Minister for Lands and Natural Resources, Minerals Commission, Speaker of Parliament, and Attorney-General (AG).
The lawsuit seeks to halt mining in 24 forest reserves, including seven Globally Significant Biodiversity Areas, where mining leases have been granted or are pending validation.
“The Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), were enacted without the required fiscal impact analysis, violating the Public Financial Management Act, 2016 (Act 921),” said Daryl Bosu, Deputy National Director of A Rocha Ghana. He added that L.I. 2462 contradicts the Minerals and Mining Act, 2006 (Act 703), and the Forests Act, 1927 (CAP 157), which prohibit granting mineral rights in forest reserves.
The plaintiffs seek to halt the issuance of permits or licenses under L.I. 2462, restrain entities holding such licenses from mining in forest reserves, and prevent the exercise of presidential powers to approve mining in globally significant biodiversity areas pending the court’s decision.
The coalition emphasized that this legal challenge comes as a last resort after the government failed to heed CSOs’ calls to repeal L.I. 2462 since its passage. They stress the importance of sustainable natural resource management and the protection of forest ecosystems, which provide essential services such as clean water, fresh air, and biodiversity. “We call on all Ghanaians to support our cause and ensure accountability in environmental protection,” Bosu urged.
The plaintiffs expressed gratitude to their legal team at Merton & Everett LLP for their commitment to upholding the rule of law and expertise in environmental litigation.
