Private legal practitioner, Martin Kpebu, has rejected calls for the government to declare a state of emergency as part of efforts to curb illegal mining (galamsey), warning that such a move would infringe on citizens’ fundamental rights.
He argued that the Constitution provides adequate remedies for fighting galamsey without resorting to emergency powers.
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“A declaration of a state of emergency is not popular. It comes with suspending freedoms such as movement, communication, assembly, and speech. Why should the government curtail liberties to do what the police can already do under the law?” he questioned.
Speaking on TV3’s The Key Points on Saturday, Mr. Kpebu stressed that law enforcement must remain within constitutional limits, insisting that the police—not the military—have the primary responsibility for maintaining law and order.
“The Constitution is clear. Article 200 says the police service is to maintain law and order. The armed forces are for defending the country. We don’t need to militarise galamsey enforcement. Let the police work,” he stated.
He added that instead of deploying soldiers, the military’s engineering regiments could be better used for development projects such as road construction under the government’s infrastructure drive.
While commending the government for recruiting 980 security personnel and seizing hundreds of excavators, Mr. Kpebu said more effort is needed in sustaining operations.
“The president himself has said there must be a permanent security presence in the forests. That is the way to go—boots on the ground, not emergency powers,” he explained.
He also recommended embedding journalists in anti-galamsey task forces to ensure transparency, noting that “sunshine is the best disinfectant.”
Reflecting on previous administrations, Mr. Kpebu noted that former President Akufo-Addo was heavily criticized for refusing to declare a state of emergency, partly due to his own reckless comments that appeared to downplay illegal mining.
However, he cautioned against applying the same pressure on the current administration, stressing that the government still has lawful options it has not fully exhausted.
“We haven’t exhausted the remedies under the law. That is why I cannot support a state of emergency on galamsey. You’ll never find me on record asking for that,” he insisted.