RULE OF LAW OR RULE OF POWERFUL MEN?

“Illegal miners desecrate Densu and Birim Rivers at Akyem Abuakwa” – That was the headline on the Ghanaian news website ‘ghanaweb.com’ on 18^th January 2021.

“Military officers protect illegal miners in Manso forest despite government’s caution” – That was the raging headline from ‘myjoyonline.com’ on that same 18^th January 2021.

 How on earth have we allowed ourselves to sink this low?  Where is the moral outrage against this biggest existential threat to our environment and livelihood? Our generation will be the first to experience the devastating effects of the galamsey on our livelihood, yet our generation is also uniquely placed to do something about the scourge of illegal mining.

Access to clean water is something we often take for granted in our communities, yet we face the prospect of acute shortage of clean water in future. The prospect of having to use bottled water for domestic purposes such as drinking, washing, and bathing isn’t far off from us. For each day that we fail to find solutions to this menace brings us closer to our destruction.

The increasing manner and boldness of the illegal manners in their illegal activities must concern every decent member of our society. Since when was it ever part of a soldier’s normal duty to guard mining concessions of individuals. Is the economic benefit of galamsey worth the destruction of our protected forest reserves and waterbodies as we are witnessing now?

What has become of the President’s commitment to putting his presidency on the line in fighting illegal mining? How will history judge the presidency of Akufo-Addo in its commitment to fighting galamsey? Will he be remembered as the decisive leader who saved our environment or the most accomplished con politician of the fourth republic who was ‘all-talk, no action’ on his commitment to environmental protection?

The President has every opportunity to deal with the menace. He cannot allow this opportunity to slip through his fingers through negligence, sheer snobbery, deceit, and corruption. I am still struggling to understand the inability of our leaders to grasp the shear scope of the menace. Politics can be deployed as a force of reform. A good political leader is never fearful of short-term disruptions in pursuit of long-term changes. The President has a moral responsibility to rein his party members who have hidden behind the supposed government ‘fight against galamsey’ and engaging in the menace themselves.  The NPP is fast becoming the party of ‘galamsey’. This is a shameful legacy for a party that traces its ideological roots to the ARPS.

Fidelity to the rule of law forms the bedrock of democracy. The President must instruct the law enforcement agencies to prosecute his party members who have been caught mining in protected forest reserves and waterbodies.

There’s not an awful lot to smile about these days as we deal with the devastating effects of the pandemic. Covid-19 protocols and restrictions mean one can hardly go about life as freely as one want. On a cool Monday evening, I decided to take a walk in my neighbourhood. I live in a relatively affluent area of the industrial city of Tema. One noticeable thing I observed in my walk was the absence of pedestrian walkways in most part of the city. Pedestrians are forced to walk dangerously on the shoulders of the road. With a poorly lit streets, one encounters all kinds of dangers when walking along a Ghanaian road at night. Just before the elections, we saw the rapid roll out of the ‘Alpha project’ under a nationwide surveillance program, which was expected to purchase 10,000 security cameras for National security operatives. One may ask, where are we with that project?  

By the way, what is the law on cutting of trees on public lands? I was driving along the meridian road the other day and saw this new imposing building along the road. Apparently, the building had been there all this while, but my attention had not been drawn to it because of the presence of trees in front of the building. The owner feeling the presence of the trees wasn’t good for business suddenly acted on his whims one fine morning and hacked all the trees down. I bled for the soul of each of the trees and shed a tear for my future.

Last week, a video of a taxi driver being flogged by a soldier for failing to wear a face mask was one of the news items which trended on social media. To be fair, I wasn’t really surprised about the action of the military officer or even the alacrity with which the general population reacted to the video. We are a nation still romantically attach to our ‘coup past’. We have encountered several people who seem to suggest with nostalgia that our best years are behind us. To such people, if we want to rediscover our past glory then we must go back to our military past with military rulers. They seem to parrot this assertion without regard to the evidence or truth of our past. Military or brute force cannot achieve the social and moral discipline we aspire for us a country. It may induce fear in the citizenry which may provide temporary respite for law enforcement, but it is no long-term sustainable strategy to curbing the menace. I do not condone the actions of the taxi driver. Indeed, much has been said about the dangers of Covid-19 and why it is in our common humanity’s interest to adhere to the protocols to safeguard ourselves and our communities. We have passed a law on how offenders must be dealt and as a law-based society, one would expect that, officers of the state will adhere to that instead of resorting to untenable, crude path as taken by the soldier few days ago. If we think the law is not effective, we can go back and amend it but under no circumstances should we leave it at the discretion of people like the soldier who clearly relished assaulting the dignity of a fellow citizen.

When I was in my teens and learning about the politics of this country, one thing that intrigued me always was the powerful nature of our presidency. I find it unpardonable that 28 years later the poor designing of the 1992 constitution hasn’t received any proper scrutiny. Constitutional reform with regards to our elections must be high on the agenda of the next New Patriotic Party government. The increasing hostility of the two main political parties towards the electoral commission especially when they are in opposition means, the system of appointment the chairperson and members of the commission must change substantially. Article 70(2) vest the power of appointment of the chair, deputies and other members of the commission in the president acting on the advice of the council of state. This almost unilateral nature of the appointment means the party that does not get to appoint, especially the chairperson, will forever be suspicious of any activity of the commission. In my opinion, the supreme court ruling in the case; Ghana Bar Association and Others v Attorney General and Others (J1/26/2015) [2016] GHASC 43 (20 July 2016);has made a constitutional amendment of article 70 imperative. The aim of such an amendment should be in the building of consensus across the broad section of Ghanaian society and certainly moving power away from the presidency in a proper conservative tradition. Recent example from the Kenyan experience can serve as a guide.

A couple of weeks ago, a senior police officer committed suicide somewhere in the Western region. The obvious question is; what will make a senior police officer commit suicide? The real reason may never be known. The stigma attached to mental health in our communities means most people suffering from mild to serious mental health are often reluctant to seek early treatment. Indeed, there are people who consider conditions such as depression as ‘spiritual attacks’, despite the wealth of research available to mankind now. The Ghana Mental Authority over the years has been doing a yeoman’s job in its advocacy and awareness campaign of mental health despite very little support from the government. It was gladdening to hear the minister of health-designate assure parliament that the National Health Insurance Scheme will cover mental health henceforth. I consider that assurance of the ministerial nominee as the best piece of news from his rather underwhelming performance before the appointment committee.

There is news about the conduct of a public officer in the offing, but I guess I may have to leave that for next week. I would end by quoting from one of my favourite politician of all time, Barack Obama, who wrote with stunning clarity; “in the face of impossible odds, people who love this country can change it.”.

#PositiveAnger and love for country always…