Merton & Everett LLP has announced the filing of a Writ of Summons and an Application for an Interlocutory Injunction in the High Court to stop mining activities in Ghana’s forest reserves.
The law firm is representing seven environmental NGOs and advocates, including A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Dr. Ken Ashigbey, Convener for the Media Coalition Against Galamsey.
This legal action challenges the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), which the plaintiffs argue is in direct conflict with the Minerals and Mining Act, 2006 (Act 703), and the Forests Act, 1927 (CAP 157).
Both of these laws protect forest reserves from mining activities, and the NGOs believe that the regulations permitting such activities undermine these protections.
Additionally, the plaintiffs argue that L.I. 2462 is unlawful because it was laid before Parliament without the required fiscal impact analysis, violating the Public Financial Management Act, 2016 (Act 921).
The legal action seeks to achieve three key objectives:
1. Prevent the issuance of any further permits or licenses allowing mining in forest reserves.
2. Restrain individuals or entities currently holding licenses from initiating or continuing mining activities in these protected areas.
3. Halt the exercise of presidential powers to approve mining in areas recognized for their global biodiversity significance until the court delivers a final ruling.
Merton & Everett LLP reiterated their commitment to advocating for environmental justice and ensuring that Ghana’s natural resources are protected for future generations.
They believe that this case highlights the critical need for legal safeguards to balance economic development with environmental conservation.
