The government's decision to repeal the LI 2462, which allows mining in forest reserves, has been downplayed by private legal practitioner Martin Kpebu.

According to him, the move will not introduce anything new in the fight against illegal mining, also known as galamsey.

“This repeal is not as if it’s going to bring anything new. Even before this, the president had announced on more than three occasions that there would be no more mining in forest reserves. That, for me, is the big-ticket item. That is what stops the bleeding,” he said on TV3’s KeyPoints on October 4 in response to the government’s engagement with civil society organizations (CSOs) on the matter.

Mr Kpebu mentioned that many of the commitments highlighted by President John Mahama were already in motion before the recent meeting.

He said the President's consistent assurance to end mining in forest reserves signals a major policy change within the country's mining industry.

He described the move as "huge," especially given past instances where mining licenses were freely issued in restricted areas.

“From the very beginning, there were nine forest reserves invaded by illegal miners. Now, we have security forces stationed there permanently. For me, this is commendable, and it shows government is responding to citizen advocacy,” he noted.

He explained that maintaining a permanent police presence in the forest offers more effective and lasting solution than deploying the military.

Referring to Ghana's Constitution, he emphasized that the 5responsibility for maintaining internal law and order lies with the police, not the army.

Although several activists have welcomed the repeal of the law, Kpebu maintained that it should be viewed as "icing on the cake" rather than the main core solution to the problem.

“The repeal is not the beginning of action. It’s not a magic wand. What matters more is enforcement of existing laws and sustained monitoring. As we speak, government has already reclaimed two more forest reserves, bringing the total number secured to 11. That’s progress,” he said.

He added that instead of completely abolishing existing laws, efforts should focus on refining them to enhance regulation and close existing gaps.

Kpebu also rejected ongoing demands for a state of emergency, insisting that the government already possesses the necessary legal instruments to take action.

“Some people speak as if until we declare a state of emergency, nothing can be done. But as we’ve seen, without such a declaration, police and security officials are already stationed in the forests, and illegal mining has been pushed back. The laws we have are enough to act decisively,” he said.

To drive home his argument, Kpebu drew an analogy from a well-known incident during university days, where a rule banning nighttime visitors sparked protests. However, once officials clarified that daytime visits were still permitted, the agitation quickly subsided.

“It’s the same here—we don’t need a state of emergency before we take action. The laws already empower us,” he explained.

Despite acknowledging progress, Kpebu emphasized the need for ongoing citizen vigilance and periodic engagement with the presidency to sustain pressure and ensure accountability.

“Maybe in the next three months, CSOs should meet the president again. That way, he will be compelled to seek updates and refine strategies. Vigilance, vigilance, vigilance, that’s what will keep this fight alive,” he concluded.

The Minister for Environment, Science, Technology, and Innovation, Dr. Murtala Mohammed, has confirmed that steps are in progress to nullify Legislative Instrument (LI) 2462, which permits mining in forest reserves.

This revocation, pledged by President John Mahama, is expected to be completed within the stipulated 120-day period.

In an interview on Joy FM’s Top Story on Monday, March 17, Dr. Mohammed revealed that consultations with parliamentary leadership and relevant stakeholders have already been conducted.

He emphasized that these discussions have laid the foundation for the repeal process, which is anticipated to be concluded soon.

“We have actually started the process. I engaged the Ranking Member on Subsidiary Legislation, Hon Patrick Boamah, and other leadership members. We have agreed to lay it very soon. One thing I can assure the public is that we will meet the 120-day promise made by the President,” Dr. Mohammed stated.

He noted that, in light of the ongoing budget negotiations, the choice was made to bypass the pre-laying process to accelerate the amendment.

"Hopefully, we will have it laid tomorrow (Tuesday) or by Wednesday at the latest,” he added.

In response to whether the government should declare a state of emergency over the devastating effects of illegal mining on water bodies, Dr. Mohammed stated that the decision rests with security agencies.

However, he reaffirmed the government's dedication to combating environmental degradation.

“I am not in a position to determine whether the security situation warrants a state of emergency—that decision lies with the leadership of the security agencies. However, if they deem it necessary, why not? What I can say is that this is a fight we will not relent on. We will not spare anyone, whether directly or indirectly involved in the destruction of our water bodies, habitats, and environment,” he declared.