Akosombo spillage disaster: What the 1992 Constitution says about declaring a State of Emergency in Ghana

In times of crisis or national emergencies, the law provides a framework for the government of Ghana to respond swiftly and effectively.

One such legal framework is the declaration of a state of emergency, which holds particular relevance in Ghana today, as the nation grapples with the devastating consequences of the Akosombo Dam spillage.

Most emergencies, when they occur, require urgent intervention to prevent the worst of the situation at hand.

While some emergencies are obvious, like natural disasters, in the case of other smaller incidents, we may have to decide if they're emergencies or not. What counts as an emergency and how it's handled can vary depending on where you are.

Usually, the government and its emergency services make the rules for dealing with emergencies.

There have been calls for President Nana Addo Dankwa Akufo-Addo to declare a state of emergency in response to the Akosombo-Kpong disaster.

The Former President, John Dramani Mahama, Legal Practitioner, Martin Kpebu, Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, and some civil groups and organisations have all made this call for the president to declare a state of emergency in the affected areas.

These calls have grown louder, prompting a closer look at the constitutional provisions that govern such declarations.

Historical Perspective

To know why Ghana can declare a state of emergency, we need to look back in time.

In 1992, Ghana voted to accept a new constitution, to guide the government when there's a disaster or a situation that is labelled an emergency. Before that, the old constitutions didn't say much about what to do in cases of emergencies.

The 1992 Constitution: Provisions for State of Emergencies

Article 31 of the 1992 Constitution is the legal provision for declaring a state of emergency in Ghana.

This constitutional provision sets out the purpose and conditions under which the president or the head of state can make such a declaration. It plays a crucial role in safeguarding the nation's interests during crises.

The Constitution outlines the specific circumstances in which a state of emergency can be declared. It places great emphasis on the protection of public safety, peace, and security. These conditions aim to strike a balance between preserving democratic values and responding effectively to serious threats.

Presidential powers and parliamentary oversight

The President holds a pivotal role in declaring a state of emergency as stated in Article 31(1), but it is far from an arbitrary power. It states that The President may, acting in accordance with the advice of the Council of State, by Proclamation published in the Gazette, declare that a state of emergency exists in Ghana or in any part of Ghana for the purposes of the provisions of this Constitution.

The Constitution is to ensure that there are checks and balances in place by involving Parliament in the decision-making process.

This mechanism is designed to prevent potential abuse and ensure that the nation's interests are paramount. Article 31 (2), stated that Notwithstanding any other provision of this article, where a proclamation is published under clause (1) of this article, the President shall place immediately before Parliament the facts and circumstances leading to the declaration of the state of emergency.

The Act in clause 3, Act 31(3) states, Parliament shall, within seventy-two hours after being notified, decide whether the proclamation should remain in force or should be revoked; and the President shall act in accordance with the decision of Parliament.

What constitutes a state of emergency

Given the ongoing disaster in the lower volta caused by the spilling of the Akosombo Dam, many have asked President Akufo-Addo to declare a state of emergency.

This is because the situation is really bad for the communities near the Volta River. Properties, places of settlements, and livelihoods have been destroyed by the flood. It has also rendered nearly 20, 0000 people homeless, But, does the dam's spill and its effects make it necessary for the president to do so?

The constitution of Ghana 1992, Act 31 (9) outlined some circumstances that require that the president declares a state of emergency. The circumstances under which a state of emergency may be declared under this article include a natural disaster and any situation in which any action is taken or is immediately threatened to be taken by any person or body of persons which —(a) is calculated or likely to deprive the community of the essentials of life; or (b) renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and services essential to the life of the community.

Declaring a state of emergency is not without ethical considerations. It involves a delicate balance between immediate action and preserving democratic values. A clear understanding of the constitutional provisions is essential to navigate these complexities.

Knowing what the 1992 Constitution says about declaring a state of emergency isn't just about following the law; it's crucial for keeping the country safe and its democracy strong.

As calls continue to mount on President Akufo-Addo to declare a state of emergency because of the Akosombo Dam problem, it's really important to understand what the Constitution says.

This knowledge will help the public have smart conversations and also aid the government in taking the right decisions especially during this tough time in Ghana's history.

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