The Regalian Mineral Ownership Regime and Its Implications for Public Participation in The Mineral Rights Decision-Making Process in Ghana

Abstract

Article 257(6) of the 1992 Constitution of the Republic of Ghana creates a regalian mineral ownership regime. Every mineral in its natural state within the territory of Ghana is the property of Ghana, and is vested in the president on behalf of, and in trust for, the people of Ghana. The trust relationship created between the president and the people of Ghana regarding mineral rights has been determined by a judicial decision as nominal and, therefore, not justiciable. The research examines the constitutionality of the theory of nominal trusteeship in the regalian mineral ownership regime in Ghana, and its implications for public participation in the mineral rights decision-making process in Ghana. Adopting both doctrinal and interdisciplinary methodologies, the research argues that the theory of nominal trusteeship regarding mineral rights in Ghana that is unenforceable by court action, is unconstitutional and has negative implications for public participation in the mineral rights decision-making process in Ghana. The research recommends that the judicial decision that established the theory of nominal trusteeship regarding mineral rights in Ghana be overturned either through litigation or legislation.