Private legal practitioner lawyer Kwaku Asare aka Kwaku Azar has described the position taken by President Akufo-Addo on the burning of excavators as dangerous.
The outspoken lawyer averred that such a mantra essentially allows the executive to do everything which is not forbidden by law unless the court stops it.
President Akufo-Addo has asked persons who view the burning of excavators as unlawful to seek legal redress in court.
According to the President, all persons involved in the illegal business of “galamsey” forfeit every right they have as a result of their illegal activities.
“I know there are some who believe that the ongoing exercise of ridding our water bodies and forest zones of harmful equipment and machinery is unlawful and in some cases harsh. I strongly disagree and I will advise those who take a contrary view to go to court to vindicate their position if they so wish. That is what the rule of law is all about,” President Akufo-Addo stated.
President Akufo-Addo said this when he addressed the sod-cutting ceremony for the construction of the first phase of the “Law Village”.
President Akufo-Addo said, “apart from the criminal violations in Act 703 (The Minerals Act), the activities of such persons (Illegal Miners) desecrate our environment, pollutes our water bodies and endanger the lives of present and future generations of Ghanaians”.
But Lawyer Azar says ”Note that “pursuant to this law” does not mean that the executive cannot burn excavators. Rather, it simply means that the executive, if it seeks to burn excavators, should pass a law that gives it the power to burn excavators that are in the proximity of galamsey sites.”
Read his full opinion below
The “go to court” mantra is an extremely dangerous doctrine because it essentially allows the executive to do everything which is not forbidden by law unless the court stops it.
Rather, our Constitution provides for a limited government, which empowers the government to take only those actions that are specifically allowed by law. Thus, the executive’s mantra should be “pursuant to this law.”
Note that “pursuant to this law” does not mean that the executive cannot burn excavators. Rather, it simply means that the executive, if it seeks to burn excavators, should pass a law that gives it the power to burn excavators that are in the proximity of galamsey sites.
With such a law, the executive then can gleefully burn excavators and when questioned simply point to the law.
There is something eerie about the executive taking actions, not supported by law, and shifting the burden of proving the illegality of the action by inviting the victims to seek redress at our “fast track independent” courts.
GOGO will not burn excavators and ask galamsayers to go court. GOGO will prosecute galamsayers in court, confiscate their assets and put their excavators to proper use.
SALL is the cardinal sin of the 8th Parliament. There too, the election manager has acted outside the law and has invited the victims to go to court.
Da Yie!
By: Rainbowradioonline.com
