Government of Ghana sued over issuance of illegal permits to timber loggers
Story by: Ishmael Barfi
The Government of Ghana is been sued by a private citizen, Obed Owusu-Addai over the issuance of ‘special’ permits he claims are illegal permits granted for logging of timber.
To him, the current mode of issuing permits to timber loggers is in flagrant breach of provisions of the 1992 Constitution and the Timber Resources Management Act, 1998 (ACT 547) as amended by Timber Resources Management Act, 2002 (ACT 617).
In a brief interaction with the media in Accra, Mr. Over Owusu-Addai explained that, his intended civil action is for the court of the land to interpret the laws regarding to the issuance of permits for commercial timber logging.
He further added that, “the laws in question demand that the allocation of rights to engage in commercial timber logging should be granted through the issuance of Timber Utilization Contracts (TUCs) either Large Scale or Small Scale signed on behalf of the President by the Minister responsible for Lands and Natural Resources subject to parliamentary ratification”.
His actions he said has become necessary because of the practice of various Ministers of Lands and Natural Resources and Chief Executives of the Forestry Commission, who do issue commercial timber rights in the form of “Special Permits”, “Ministerial Letters or Permits”, “Administrative Permits” among others without adherence to the dictates of the law”.
In the meanwhile, the private citizen, Mr. Owusu Addai has written a letter to the Attorney General giving the outfit a mandatory 30 days notice of his intention.
This is to ensure that efforts are put in place to adhere to the dictates of the law else his civil action will be initiated.
The reliefs the private citizen seeks for at the Court of Law are as follows:
i. A declaration that the issuance of commercial timber rights known as “special permits” or “administrative permits” or “ministerial permits” constitute a transaction, involving the grant of a right for the exploitation of a natural resource of Ghana and is subject to ratification by Parliament in accordance with the constitution;
ii. A declaration that the interpretation given to section 20(2) of ACT 547 by the Ministers of Lands and Natural Resources and the Forestry Commission that purports to allow the issuance of commercial timber rights known as “special permits” or “administrative permits” or “ministerial permits” without recourse to Parliamentary ratification is erroneous and unconstitutional;
iii. A declaration that all such “special permits” or “administrative permits” or “ministerial permits” involving the grant of a right to exploit the timber resources of Ghana granted by the Minister of Lands and Natural Resources or the Forestry Commission without Parliamentary ratification are null and void, illegal and ineffective.
iv. An order restraining the Minister of Lands and Natural Resources and the Forestry Commission from entering into any transaction, contract or undertaking involving the grant of a right or concession for the exploitation of commercial timber rights without Parliamentary ratification.
v. Any other orders consequential to the enforcement of the provisions in article 268(1) of the Constitution 1992 of the Republic of Ghana.
Mr. Obed Owusu-Addai is of the hope that, this civil action of his will bring more clarity, hence put a stop to the abuse of powers and issuance of the said ‘Special Permits’ at the Ministry of Land and Natural Resources and the Forestry Commission.
Source: www.thenewindependentonline.com
