Renowned law professor and legal expert, Professor Kwame Gyan
Renowned law professor and legal expert, Professor Kwame Gyan, has stated that the 1992 Constitution did not make any provision for oil.
Speaking at a stakeholder engagement session on lands and natural resources, organised by the Constitutional Review Committee on Tuesday, March 18, 2025, he pointed out gaps in the country’s legal framework for the management of natural resources.
“There is not a single word about oil in the 1992 Constitution. If you go back to the constitution, it starts with the definition of public lands and the establishment of a commission for natural resources,” he explained.
The law professor stressed the need for Ghana to take the management of its natural resources seriously.
“Ghana has a total land area of approximately 238,000 square kilometers, if there is anything we have to take seriously, it is the management of our land resources,” he noted.
He explained that at the time of independence, Ghana’s population was much smaller and that the framers of the constitution did not have the benefit of anticipating future developments.
“The framers of the constitution — you wouldn’t fault them. In hindsight, they may be wrong, but because we didn’t have the benefit of development, they put together the parameters in which the constitutional provisions of land were set,” he added, stressing that these provisions revolved around the Lands Commission, with its mandate, composition, and independence clearly outlined.
However, “For the other institutions, we did not have that broad conversation in the constitution.”
He stated that the country has two options – incorporating oil resources into the constitution or relying on existing legislation.
“At the time of the promulgation of the constitution, there was not a single phrase about oil. When it comes to forests, only in Article 269, and in Article 257(6), we are told ownership of minerals is vested in the republic, to be held in trust by the president. The constitution is silent on oil.
“For all the other resources, if you look at petroleum, the Petroleum Exploration and Production Act, vests ownership of petroleum in the republic. Now, the Minerals and Mining Act 703 also vests ownership of minerals in the Republic,” he noted.
The Constitutional Review Committee is holding a series of engagements on critical governance topics, including lands and natural resources, decentralisation, and public services to solicit views on the proposals for amendment of the 1992 Constitution and make actionable recommendations aimed at enhancing democratic governance in the country.
JKB/AE
You can also watch a compilation of the latest Twi news on GhanaWeb TV below: