The Member of Parliament for Juaben, Francis Owusu-Akyaw, has accused the government of breaching multiple laws in the drafting and submission of the country’s lithium mining lease, describing the agreement as “illegal, unenforceable, and constitutionally dangerous.”
Addressing journalists in Parliament on Wednesday, the MP said the current lease proposed for ratification contains serious legal defects that make it unfit for consideration by the House.
Owusu-Akyaw argued that under Regulation 184 of L.I. 2176, all mining leases must be stamped within 21 days of issuance, yet the document presented for parliamentary approval has not been stamped or registered.
“Parliament cannot ratify a document that, in the eyes of the law, does not legally exist,” he said, warning that approving such a lease would set a “reckless governance precedent.”
The MP further claimed the agreement unlawfully omits the mandatory 3% Growth and Sustainability Levy required of extractive companies. According to him, granting such an omission without parliamentary approval violates Article 174(2) of the 1992 Constitution.
“Government cannot secretly remove statutory fiscal obligations through private arrangements. This is not responsible governance and cannot be tolerated,” he stated.
Potential Breach of Minerals and Mining Act
Owusu-Akyaw also alleged that the lease grants the company exclusive rights over additional minerals in the concession area, contrary to Section 15(5) of the Minerals and Mining Act, which requires mining companies to notify government within 30 days upon discovering new minerals.
He said the provision in the lease effectively blocks third parties from applying for other minerals in the area, which he described as unlawful and detrimental to national interest.
The MP cautioned Parliament against approving a document he insists violates the Constitution. Citing Article 268, he stressed that approving an invalid lease could place the legislature in direct breach of its constitutional mandate.
“Parliament’s credibility rests on its fidelity to the Constitution. Approving an invalid, unstamped, and unlawful contract would undermine public trust,” he warned.
Owusu-Akyaw urged the government to immediately withdraw the lease and correct what he called “all legal breaches.” He also demanded that fiscal models, environmental assessments, and beneficial ownership details be made public before any renegotiation.
The Juaben MP reminded Ghanaians that natural resources are held in trust for the people under Article 257(6) of the Constitution, insisting that no government has the right to compromise the country’s long-term economic interests.
“We will not sit idle while laws are ignored and our national wealth is mishandled,” he said, calling on citizens to join efforts to demand accountability in the management of Ghana’s mineral resources.
Source: www.kumasimail.com
