One of the biggest problem facing country, is the implementation of its laws and bye laws in Ghana.
Article 11 of the 1992 Constitution of Ghana states, the laws of Ghana shall compromise:
- The Constitution
- Enactment made by or under the authority of the Parliament established by the constitution for legislation
- Any Orders, Rules and Regulations made by any person or authority under the power conferred in by this constitution [or subsidiary/subordinate legislation;
- The existing law or the written and unwritten laws of Ghana that existed immediately before coming into force of the 1992 constitution; and
- The common law [ or the English common law, English doctrines of equity, and the rules of customary law]
AmNews (ayamultimedia.com) investigation revealed that most of Ghana’s law has become white elephant which is gradually dragging the country into a lawless state.
Law on Sanitation
Sanitation Provision in Ghana is mandated by many policies and bye laws, but poor implementation has become a problematic and universal access remains out of reach, only 14% of the people have access to basic sanitation according to the 2017 JMP report.
President Akufo Addo reading 2019 state of the nation’s address on sanitation in Ghana’s Parliament.
“Mr Speaker it is unfortunate that, in 2019, we still have to revisit this topic, but, open defecation cannot be a characteristic of a country that is working to be transformed economically, and to be counted amongst the developed nations of the world. That is why it is absolutely imperative that we make a success of our One House-One-Toilet Policy.”
Galamsey Law and Punishment in Ghana
The new law, amended from Minerals and Mining Act, 2015 (Act 450), also criminalize any aiding and abetting of illegal mining activities as well as the use of other equipment for mining in water bodies.
“We are now talking about minimum mandatory sentences of fifteen (15) years, and a maximum of twenty-five (25) years, for persons caught in galamsey, and the Act has also increased the punishment for foreigners, setting minimum mandatory sentences of twenty (20) years, and maximum of twenty-five (25) years. The fight against galamsey has entered a new, decisive phase,” the President Nana Addo assured at Bar Conference on Monday, 9th September, 2019, in Takoradi.
Also under the new law, conviction for illegal mining could attract minimum fine of 150,000.00 cedis penalty.
COVID-19 Restriction Law
Imposition of Restrictions Act, 2020 (Act 1012).
To provide for the imposition of restrictions in accordance with Paragraph (c), (d) and (e) of clause (4) of article 21 of the 1992 Constitution, and for related matters.
“I have directed the Attorney General to submit, immediately, to Parliament emergency legislation, in accordance with Article 21 (4) (c) & (d) of the Constitution of the Republic, to embody these measures, and I have further directed the Minister for Health to exercise his powers, under section 169 of the Public Health Act, 2012 (Act 851), by the immediate issuance of an Executive Instrument, to govern the relevant measures. I call upon Parliament to support the Executive in this national endeavor.”-President Akufo Addo.
President Nana Addo Dankwa Akufo Addo has signed a law (E.I 164) that criminalize the act of not wearing a face mask that fully covers the mouth and nose in public places.
Defaulters of these laws will face minimum fine of Ghc 12,000.00 ($2000) and maximum of Ghc 60,000.00 (10,365.02 cents) or face 10 year sentence imprisonment.
What has been the cause of inability to enforce our laws? some citizens inquires.
Filed by Ohene Anochie.