Opinions of Saturday, 24 October 2026

Columnist: Eric K. K. Abavare

Undoing the president's vesting and making parliament ratify resource deals

Parliament House Parliament House

This is the reform every galamsey-affected community, every stool-land dispute claimant, and every mining-town chief has been waiting for. It is also the reform the extractive industry will fight hardest.

This week's column is dear to me because I am concerned about the environment, especially the galamsey menace. Drive across the Pra River bridge between Assin Fosu and Twifo Praso. You cannot miss what has happened. The water is the colour of thick milky tea, with turbidity levels breaking the measuring limits of instruments. Along the banks, the earth has been torn open in patches the size of football fields. Bulldozers rust on the edges. In Amansie West, cocoa farmers I spoke to last year have watched excavators eat into their farms and have been offered compensation smaller than the price of their farms' cocoa beans in one bad season. Every one of those transactions has, somewhere in its paperwork, a signature traceable to a decision made in Accra.

That is what this chapter of the Report is really about. Article 257 of the 1992 Constitution vests all public lands in the President in trust for the people of Ghana. Article 268 permits the government to grant resource concessions subject to parliamentary ratification. But in practice, ratification comes AFTER agreements are signed, when the leverage is spent, the terms are locked, and the country is being asked to swallow a deal it cannot renegotiate. The Committee proposes to reverse both defaults. And, in my personal reading, this is the single most consequential change in the entire Report.

Vesting public lands in the people, not the President

The Committee proposes to amend Article 257 to remove the vesting of public lands in the President and to vest them expressly in the people of Ghana. This is not wordplay. It changes the constitutional identity of every acre of state land from a presidential trust to a common inheritance. The President and the government are reduced to trustees, answerable to the true owners, which is us.

The consequences run deeper than the language. A citizen or a civil-society group would gain a much stronger legal footing to challenge a suspicious land allocation. The long-standing pattern of retiring officials of every political stripe quietly collecting 'personal' plots of state land would be substantially undermined. And the next time a Minister tries to reassign a school compound in East Legon to a favoured developer, the answer from the courts becomes different.

Article 257 today says public lands belong to the President in trust. The Committee says: cut out the middleman. They belong to us.

Ratify BEFORE signing — the discipline that changes everything

The proposed amendment to Article 268 is, in some ways, even more powerful. Parliament must approve every natural-resource concession BEFORE it is executed, with a further confirmatory vote after execution. This is the sequence any serious jurisdiction already imposes on itself, and it is the sequence Ghana has never adopted.

Think about what these changes would end. The secret memoranda between Ministers and mining companies. The stabilisation clauses that outlive the government that signed them by twenty years. The 'take-it-or-leave-it' contracts presented to Parliament after the advance payments have already been made. Prior ratification forces the country's negotiators to build parliamentary consent into the price of the deal from day one. The mining and oil companies will not enjoy it. That is a very good sign.

Ecocide — long overdue

The Committee recommends recognising large-scale environmental harm — the deliberate or reckless destruction of ecosystems — as a distinct crime of 'ecocide'. In a country whose rivers are dying, whose forest reserves have been eaten from the inside out, and whose fishing communities are watching their coastline retreat, this recommendation must not be diluted in the drafting.

Three specifics, if I may. Ecocide should carry mandatory minimum sentences, so that the offence cannot be plea-bargained down to a fine. It should trigger asset forfeiture, so that the proceeds of the crime cannot be laundered into legitimate business. And it should apply to corporate officers personally: the chief executive, the country manager, the on-site director, not merely to the company as a legal shell. Anything less is a promise Ghana will not keep.

The gaps I would close at the drafting stage

Two silences in this chapter concern me. The first concerns stool and skin lands. Most land in Ghana, outside our cities, is not public land at all. It is stool or skin land, held in customary trusteeship by chiefs and administered by the Office of the Administrator of Stool Lands. The Committee's vesting reform stops at public lands and leaves that regime untouched. In practical terms, that means the largest single category of land in this country continues to be governed by an arrangement that has produced generations of litigation. A parallel modernisation is needed, with a mandatory public register of allocations and a transparent revenue-sharing formula among chiefs, communities, and District Assemblies. Ghanaians from the Northern, Upper East, Upper West, Ashanti, Bono, and Volta regions should press this point hardest because the harm falls hardest there.

The second silence is the persistent, informal pattern of 'ex-gratia' plot allocations to retiring public officials. Everyone in Accra knows the pattern. Nobody talks about it on the record. The Committee could have named it and abolished it. It has not. Parliament should.

Where this leaves us

The Lands and Natural Resources cluster scores highest on the Kayayoo Test of anything in the Report. The fisherman on the Pra, the cocoa farmer in Amansie, the sand-winner in Kpone, the timber community in Juabeso — every one of them lives in the shadow of resource decisions made in Accra. Vesting public lands in the people and making Parliament ratify concessions before signature is the single largest transfer of constitutional power over the country's economic destiny back to its citizens.

These clauses should sit in the fully entrenched tier of the amendment scheme, so that no future government can quietly walk them back. Support the package. Close the two gaps I named above. And prepare for the extractive industry to spend the next two years explaining, in expensive newspaper supplements, why prior ratification is somehow bad for Ghana. It is not. It is bad for them.