Cocoa Bill: Parliament caught constitutional flaw in mining provision before passage – Jerome Sam

Jerome Kwame Sam, Head of Public Affairs at the Ghana Cocoa Board (COCOBOD), has revealed that Parliament recognized and rectified a constitutional flaw within the newly passed Cocoa Bill. The initial draft proposed a requirement for the Chief Executive of COCOBOD to obtain express permission from the Minister after a mining license had already been granted.

Sam explained that this provision was found to conflict with both the Constitution and the Minerals and Mining Act during Parliament's review process. He noted that mineral deposits are held by the President under the Constitution, and mining licenses are issued by the relevant minister, who acts on that authority. Sam emphasized that the removal of this provision ensured the new law would not breach the constitutional framework.

He clarified that although the draft bill was not solely created within COCOBOD, it did undergo consultations with experts and the legislative committee in Parliament, who scrutinized the document clause by clause. The final adjustments were made as necessary, addressing any amendments or deletions deemed essential. Sam addressed ongoing criticism from the Minority Party, dismissing the concerns as unfounded, while affirming that the legislation aims to safeguard the rights of cocoa farmers.

He highlighted the various reforms introduced in the bill, which were not present in prior laws governing the cocoa sector. Sam reiterated that the legislative process had provided ample opportunity for lawmakers to review the bill's provisions before it reached President John Mahama for consideration.