Private legal practitioner, Austin Kwabena Brako-Powers, has dismissed what he describes as a dangerous misconception that declaring a state of emergency in Ghana automatically leads to the suspension of citizens’ fundamental rights and freedoms.
Mr. Brako-Powers, speaking in reaction to public debates following the President’s recent media engagement, said such narratives are misleading and betray a poor understanding of Ghana’s constitutional framework. He insisted that the 1992 Constitution provides clear safeguards to protect rights even during emergencies.
“Unfortunately, there is a persistent misconception that declaring a state of emergency automatically means the suspension of fundamental rights and freedoms. This is simply untrue,” he explained. “Anyone pushing that narrative is either misinformed or deliberately misleading the public.”
The lawyer noted that much of the current debate revolves around whether forest reserves and water bodies should be declared security zones or whether a state of emergency should be invoked to tackle illegal mining, known locally as galamsey. According to him, the latter is a far more effective and constitutionally grounded approach.
“Merely designating these areas as security zones will not solve the problem,” he argued. “A state of emergency, properly declared and managed, is far more effective. It gives the state stronger legal tools to confront the crisis decisively.”
Mr. Brako-Powers emphasised that the Constitution is unambiguous about how emergency powers should be exercised. Citing Article 31(10) of the 1992 Constitution, he pointed out that the principles of proportionality, legality, and necessity must guide any government action under a state of emergency.
“Gone are the days when emergency powers under military rule were used to trample on rights,” he said. “Today, any action taken under a state of emergency must pass constitutional tests and serve the public interest. The Constitution acts as a safeguard, not a blank cheque.”
He further cautioned political actors on both sides of the aisle against weaponising misinformation for partisan gain. “Let us reject the falsehood being peddled — by both ‘elephant’ and ‘umbrella’ elements — that a state of emergency equals suspended rights,” he said. “That is a convenient excuse crafted to justify inaction and avoid responsibility.”
The legal practitioner stressed that the scale of the galamsey menace demands extraordinary action. He described the illegal mining crisis as an “existential threat” to Ghana’s environment, public health, and long-term survival as a nation.
“Half-measures and political rhetoric will not save our rivers or our communities,” he cautioned. “We must confront this problem with boldness, honesty, and urgency.”
Mr. Brako-Powers argued that invoking a state of emergency could empower the government to act decisively, protect vital ecosystems, and restore public confidence in state institutions. However, he warned that the measure must be pursued within the bounds of the law.
“This is a fight that requires courage and commitment,” he concluded. “No retreat, no surrender. The Constitution is on our side — but we must be willing to use the tools it provides.”
His comments come amid heightened national conversation about how best to address illegal mining, which continues to destroy water bodies, degrade forest reserves, and threaten Ghana’s ecological future.
