Ghana’s proposed Lithium Mining Lease has emerged as a critical issue that challenges the foundations of our constitutional democracy, good governance, and responsible natural resource management. This agreement, in its current form, is deeply flawed, legally defective, and constitutionally dangerous. It is an agreement that cannot stand the test of legality, enforceability, or national interest.
A Fundamentally Invalid Legal Instrument
Ghanaian law is clear and unambiguous. Under Regulation 184 of L.I. 2176, every mining lease must be duly stamped within twenty-one days of being granted. The document that the Government seeks to present to Parliament for ratification fails this basic legal requirement—it has not been stamped, it has not been registered, and therefore, it cannot be considered a valid legal instrument under Ghanaian law.
Parliament cannot be asked to ratify a document that, legally speaking, does not exist. Attempting to circumvent this fundamental requirement undermines the rule of law and establishes a dangerous precedent for future governance.
Missing Mandatory Fiscal Obligations
The Growth and Sustainability Levy explicitly mandates a 3% levy on all extractive companies operating in Ghana. Alarmingly, the lithium agreement omits this statutory requirement entirely. This omission amounts to an illegal tax exemption, and under Article 174(2) of the 1992 Constitution, no such exemption is valid without the express prior approval of Parliament.
The Government cannot and should not be allowed to secretly remove statutory fiscal obligations through opaque private arrangements. This is not the responsible governance Ghanaians deserve or expect.
Violation of Mineral Discovery Protocols
The Minerals and Mining Act requires companies to notify the Government within thirty days of discovering any additional minerals within their operational area. The current lithium lease appears to grant blanket rights over multiple minerals, effectively preventing any other party from applying for rights to those minerals and defeating the purpose of Section 15(5) of Act 703.
This consolidation of mineral rights without proper procedural compliance raises serious questions about transparency and competitive fairness in Ghana’s extractive sector.
Constitutional Jeopardy for Parliament
Article 268 of the 1992 Constitution places a clear constitutional duty on Parliament to approve only legally compliant mining leases. Should Parliament approve this invalid, unstamped, and unlawful contract, it would place itself in direct violation of the Constitution.
Such an action would undermine parliamentary credibility, erode public trust, and establish a dangerous precedent that future governments could exploit. Parliament’s sovereignty and legitimacy rest fundamentally on its fidelity to the Constitution and the laws enacted under its authority.
What Must Be Done
Lithium is not just another mineral—it is a resource of immense strategic value that will shape Ghana’s economic trajectory for decades to come. Its management must be transparent, lawful, and conducted in the best interest of all Ghanaians.
We therefore demand:
- Immediate withdrawal of the defective lease from parliamentary consideration
- Correction of all legal breaches, including proper stamping and registration
- Public disclosure of all fiscal models, environmental assessments, and beneficial ownership information
- A return to negotiations with a clear and demonstrable commitment to the national interest
Protecting Ghana’s Future
Article 257(6) of the 1992 Constitution establishes that our natural resources are held in trust for the people of Ghana. No government, no minister, and no private company has the right to compromise the nation’s future through illegal contracts or weak negotiations.
We stand firm and unwavering in our commitment to defend the Constitution, uphold good governance, and protect the long-term economic interests of Ghana. We will not remain silent while laws are ignored and our national wealth is mishandled. This is our solemn duty to Ghana, and we call on every Ghanaian to join us in demanding accountability and legality in the management of our mineral resources.
