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Officials could face abetment liability for allowing unlicensed mining – Prof Appiagyei-Atua on GoldBod CEO’s comment

Legal scholar Professor Appiagyei-Atua has waded into the national debate on illegal mining, warning that public officials who allow unlicensed mining operations to continue could face abetment liability under Ghanaian law. His comment comes in response to recent remarks by the GoldBod Chief Executive Officer, Sammy Gyamfi, who insisted that those who enable galamsey must be held accountable.

Speaking on the issue, Prof Appiagyei-Atua said abetment does not require a person to be physically present at a mining site. According to him, any official who, by action or inaction, aids, encourages, or fails to stop an unlawful act within their jurisdiction could be deemed to have abetted the crime.

The Professor explained that under the Minerals and Mining Act, as amended, and the Criminal Offences Act, liability extends beyond the miners themselves to persons who facilitate the offence. He noted that district-level officials, Minerals Commission officers, and security personnel who receive reports of unlicensed mining but fail to act could be exposed to prosecution for abetment.

He added that the GoldBod CEO’s comment reflects a growing legal consensus that Ghana’s fight against galamsey cannot succeed if it targets only the diggers while leaving their enablers untouched. For Prof Appiagyei-Atua, the law is clear that official negligence in the face of clear illegality is not neutral.

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Stakeholders in the mining sector have welcomed the legal interpretation, saying it will force officials to act decisively rather than look away. Civil society groups fighting galamsey have long argued that the complicity of some local authorities has undermined previous anti-galamsey operations, with tip-offs and delayed responses allowing miners to return to destroyed forest reserves and river bodies.

Prof Appiagyei-Atua urged the Attorney-General and law enforcement agencies to test the abetment principle in court to deter official complicity. He said a few successful prosecutions would send a stronger message than countless press statements and taskforce deployments that end without convictions.

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Author: Stella Sunu • Published on http://Howedey.com

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