Ghana’s bodies of water are being poisoned by mercury and cyanide. Babies are being born with severe health conditions. And now a chorus of voices is demanding the president invoke emergency powers to stop it.

The culprit is galamsey—a local term for illegal small-scale mining that has transformed fertile farmland and pristine rivers across Ghana into toxic wastelands. What began as artisanal gold mining has exploded into an environmental catastrophe, with heavy metals seeping into water supplies that millions depend on for drinking, fishing, and agriculture.

The crisis has reached a tipping point. Civil society organizations—including OneGhana Movement, Media Coalition Against Galamsey, BRACE, A Rocha Ghana, and Peasant Farmers Associations—are urging President John Dramani Mahama to declare a state of emergency in the hardest-hit districts: Tarkwa Nsuaem, Amenfi East, and Prestea Huni-Valley.

The Trade Union Congress has issued a stark warning: Ghana faces an imminent water crisis. “Today has dampened our spirit but strengthened our resolve,” said Secretary-General Joshua Ansah. “We will demand pragmatic measures to end galamsey once and for all. A state of emergency is urgent and necessary.”

But can the president actually do this? And what would it mean?

Under Ghana’s Constitution of 1992 and the Emergency Powers Act of 1994, the president can declare a state of emergency when circumstances “deprive the community of the essentials of life” or threaten public safety. The legal framework exists—the question is whether the political will does too.

Under what circumstances can there be a declaration of a state of emergency?

In Ghana, article 31(9) of the Constitution 1992 states circumstances that can give rise to a declaration of a state of emergency. Where there has been an occurrence of a natural disaster, and any situation in which any action is taken or is immediately threatened to be taken by any person or body of persons which:

• Is calculated or likely to deprive the community of the essentials of life; or
•  Renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and services essential to the life of the community.

Galamsey can be classified under article 31(9)(a) of the Constitution 1992 of Ghana as it is an activity which has been calculated or likely to deprive a community and Ghana as a nation an essential of life—water. Beyond the immediate health risks already affecting communities, contaminated food crops also contain harmful chemicals, rendering them unsafe for human consumption.

Who is mandated to declare a state of emergency in Ghana?

In Ghana, the President declares a state of emergency in the country or any part thereof upon acting in accordance with the advice of the Council of State as stipulated by article 31(1) of the Constitution 1992 and given statutory blessing in Section 1 of the Emergency Powers Act, 1994 (Act 472). The declaration must be made by Proclamation published in a Gazette and the president must immediately present to parliament the facts and circumstances that led to the declaration. Parliament shall then within 72 hours after being notified decide whether the proclamation should remain in force or should be revoked; and the president shall act in accordance with the decision of parliament.

How long is a state of emergency to last in Ghana?

Any declaration of a state of emergency automatically expires after seven days from the date it is published in the Gazette per article 31(4) of the Constitution 1992. Parliament may also approve an extension of the emergency beyond the initial 7 days only if the extension must be by a resolution and must be supported by at least two-thirds of all Members of Parliament.

Has there been a declaration of a state of emergency in Ghana?

Ghana has declared states of emergency in response to major national crises, including natural disasters and political instability, but such declarations have been rare and tightly regulated.

The 1994 Northern Ghana conflict, commonly known as the “Guinea Fowl War,” erupted on February 4, 1994, initially triggered by a market dispute between a Konkomba and a Dagomba trader over the price of a guinea fowl. This minor incident rapidly escalated due to underlying ethnic tensions concerning land ownership and traditional authority between the Konkombas and landowning groups like the Dagomba, Nanumba, and Gonja. The conflict quickly spread across the then-Northern Region, resulting in a reported 1,000 to 2,000 deaths and the displacement of over 150,000 people, with about 6,000 Konkombas reportedly fleeing to Togo. In response, the government declared a state of emergency on February 10, 1994, in seven districts, closed the border with Togo, and deployed the military to restore order. Hostilities were formally addressed with the signing of a peace accord in Accra on June 9, 1994, aimed at resolving the conflict and the land disputes.

Also, in late March 2002, violent clashes erupted in Yendi, Ghana, between the Andani and Abudu families of the Dagbon Kingdom over succession disputes which led to a declaration of a state of emergency by former president of Ghana John Agyekum Kufuor on April 11, 2002. The conflict led to the brutal killing and beheading of the Overlord, Ya Na Yakubu Andani II, and at least 29-40 of his elders and supporters, with the Gbewaa Palace set ablaze. The declaration affected 4 northern districts later extending to Yendi and Tamale. The emergency lasted nearly 2 years due to the difficulty in restoring peace.

Response of the president to the call for a declaration of a state of emergency

On October 3, 2025, President John Dramani Mahama met with a range of Civil Society Organizations and faith-based organizations to discuss the menace of illegal mining. The meeting was held at the Jubilee House and included participants from the Catholic Bishops Conference, Christian Council of Ghana, IMANI Ghana, and the Centre for Democratic Development (CDD). According to the statement of the presidency, the engagement aimed to produce collective solutions to address the illegal mining crisis. During the meeting, President Mahama stated “As for now, the National Security Council believes that we can win the fight against galamsey without a state of emergency. But the day they advise me otherwise, that we need a state of emergency, I will not hesitate in declaring it.”

What are the potential effects of a declaration?

If a state of emergency were declared in galamsey-affected areas, likely measures would include the suspension of mining activities in designated zones, the deployment of military and police to secure affected communities, the seizure of illegal mining equipment and an initiation of environmental restoration programs. While a declaration could halt illegal mining, it would also allow derogation from the rights and freedoms entrenched under Chapter 5 of the Constitution 1992 of Ghana during the state of emergency as stipulated under article 31(10) of the Constitution 1992. Justice Amegatcher in the decided case of Prof. Kwadwo Appiagyei-Atua & Others v The Attorney General explained that

“these derogation provisions under Articles 31 and 32 emphasise that the Constitution, 1992, is the supreme authority over all aspects of guaranteed fundamental human rights and freedoms. These provisions also serve as the cornerstone of the rule of law, particularly during times of public emergency. It is crucial to note that no other form of rule of law supersedes the constitutional rule of law… It is apparent from the preceding that the Constitution 1992 acknowledges the validity of both derogation and limitations as lawful mechanisms for restricting human rights. “