Waste, Greed and Silence - Who Will Save Sakumo Lagoon?

The Sakumo Ramsar Site in Ghana, a wetland of international importance, faces an escalating environmental crisis due to rampant encroachment, illegal dumping, and pollution. Despite a robust legal framework, including Ghana's obligations under the Ramsar Convention, the Environmental Protection Act, the Wetland Management (Ramsar Sites) Regulations, and the Water Resources Commission Act, enforcement remains critically weak. This article examines the statutory and regulatory mechanisms designed to protect such sensitive ecosystems, highlighting the systemic failures, fragmented institutional coordination, and alleged corruption that undermine conservation efforts. It underscores the urgent need for decisive legal action, enhanced inter-agency collaboration, and public accountability to prevent the irreversible degradation of Sakumo Lagoon and uphold Ghana's environmental commitments.

The Sakumo Ramsar Site, a vital coastal wetland in Ghana, is currently grappling with an alarming environmental crisis, characterized by extensive encroachment, illegal waste disposal, and pollution. What was once a thriving ecological zone, recognized globally for its biodiversity and ecological services, is rapidly deteriorating, threatening its unique flora and fauna, its critical role in flood control, and its value as a sanctuary for migratory birds. The Ghanaian Times has highlighted the disturbing reality of a protected area being systematically transformed into an illegal landfill, with allegations surfacing that sections of the lagoon are deliberately being filled and sold for development.

This unfolding tragedy at Sakumo Lagoon is not merely an environmental concern but a profound legal and governance challenge. Ghana, as a signatory to the Ramsar Convention, has a clear international obligation to conserve and wisely use its designated wetlands. Domestically, a comprehensive suite of environmental laws and regulations exists to protect such sites. However, the persistent degradation of Sakumo points to significant gaps in enforcement, accountability, and inter-agency coordination. This article will delve into the legal framework governing wetlands in Ghana, analyze the systemic failures contributing to the Sakumo crisis, and propose pathways for legal practitioners and policymakers to ensure the effective protection of this invaluable natural heritage.

Ghana ratified the Convention on Wetlands of International Importance (Ramsar Convention) in 1988, committing to the conservation and wise use of its wetlands, including the designation of sites like Sakumo Lagoon. The 1992 Constitution of the Republic of Ghana, in Article 41(k), places a duty on all citizens to conserve and safeguard the natural environment. This constitutional mandate is buttressed by several key legislative instruments.

The primary environmental legislation is the Environmental Protection Act, 2025 (Act 1124), which repealed and replaced the Environmental Protection Agency Act, 1994 (Act 490). This Act establishes the Environmental Protection Authority (formerly Agency) as the principal body responsible for managing, protecting, and enhancing Ghana's environment. Complementing this, the Environmental Assessment Regulations, 1999 (L.I. 1652), as amended by L.I. 1703 and L.I. 2228, mandate environmental impact assessments (EIAs) and the issuance of environmental permits for undertakings likely to have significant environmental effects, including those in sensitive areas like wetlands. More specifically, the Wetland Management (Ramsar Sites) Regulations, 1999 (L.I. 1659), provide a direct legal framework for managing Ghana’s designated Ramsar sites, prohibiting activities such as water pollution, unauthorized fishing, and habitat destruction within these critical zones. Further, the Water Resources Commission Act, 1996 (Act 522), establishes the Water Resources Commission (WRC) with the mandate to regulate and manage the utilization of water resources and coordinate related policies, including pollution control. The Local Governance Act, 2016 (Act 936), empowers District Assemblies as planning authorities with responsibilities for physical development control and enforcement against unauthorized structures. The Forestry Commission, under the Forestry Commission Act, 1999 (Act 571) and the Wildlife Resources Management Act, 2023 (Act 1115), is also tasked with managing and conserving protected areas, including Ramsar sites.

Despite this seemingly comprehensive legal and institutional framework, the Sakumo Ramsar Site continues to suffer severe degradation, indicating a profound disconnect between legal provisions and practical enforcement. The core issue, as highlighted by various reports and former officials, is not a lack of legislation but rather weak enforcement, inadequate deterrence, and a lack of political will. The Environmental Assessment Regulations, 1999 (L.I. 1652), clearly require environmental permits for development, yet many constructions within Ramsar sites proceed without the requisite approvals. This suggests a failure of the Environmental Protection Authority (EPA) and local planning authorities, such as the Tema West Municipal Assembly, to effectively screen projects, conduct thorough EIAs, and enforce permit conditions.

The Wetland Management (Ramsar Sites) Regulations, 1999 (L.I. 1659), explicitly prohibit activities detrimental to Ramsar sites, yet illegal dumping, pollution from industries, and human settlements continue unabated at Sakumo. This points to a failure in monitoring and sanctioning mechanisms. The Water Resources Commission Act, 1996 (Act 522), vests water resources in the President and prohibits their use without authorization, including provisions for pollution control and demolition of unlawful works. However, the observed pollution and filling of the lagoon suggest these powers are not being fully exercised. Allegations of deliberate filling of the lagoon for land sales, if proven true, represent not only environmental crimes but also a severe breach of public trust and a failure of land management agencies.

Furthermore, the problem is exacerbated by fragmented institutional efforts and alleged corruption. Studies reveal that corruption and poor monitoring by officials have allowed estate developers to encroach upon Ramsar lands. While the Forestry Commission recently announced plans for 24-hour surveillance and commenced demolition exercises at Sakumo, acknowledging a cycle of demolition and re-encroachment, this highlights past enforcement shortcomings. The former Minister for Lands and Natural Resources, Inusah Fuseini, unequivocally stated that no one can hold title on Ramsar sites, emphasizing their legal protection from private acquisition or development. This legal clarity, however, has not translated into effective on-the-ground protection, leading to significant degradation and increased flood vulnerability in urban centers like Accra.

The lack of effective coordination among the various mandated agencies – including the EPA, Water Resources Commission, Forestry Commission, and local assemblies – creates enforcement loopholes. While the Environmental Protection Act, 2025 (Act 1124), aims to consolidate environmental legislation and strengthen the EPA's powers, its effectiveness will hinge on robust implementation and inter-agency collaboration. The current situation at Sakumo underscores a broader challenge in Ghana's environmental governance, where anthropocentric legal reasoning often prioritizes human or economic impacts over ecological integrity, leading to inadequate enforcement outcomes.

The dire state of the Sakumo Ramsar Site serves as a stark reminder of the critical need for immediate and decisive action to protect Ghana's invaluable natural heritage. The existing legal framework, encompassing international conventions and robust domestic statutes and regulations, provides ample tools for protection. However, the crisis at Sakumo is a testament to the perils of weak enforcement, institutional fragmentation, and a lack of accountability, exacerbated by alleged greed and silence from various quarters.

For legal practitioners, this situation presents multiple avenues for intervention. There is a clear basis for litigation against developers and individuals engaged in illegal activities within the Ramsar site, leveraging the Environmental Protection Act, the Wetland Management (Ramsar Sites) Regulations, and the Water Resources Commission Act. Practitioners can also advocate for stricter enforcement, greater transparency in environmental permitting, and improved inter-agency coordination. Furthermore, engaging with civil society organizations and local communities to empower them in monitoring and reporting environmental infractions is crucial. The call for authorities to move beyond warnings to strict enforcement, hold culpable parties accountable without fear or favour, and strengthen waste management systems must be heeded. The future of Sakumo Lagoon, and indeed other protected wetlands in Ghana, depends on a renewed commitment to the rule of environmental law and a collective resolve to prioritize ecological integrity for present and future generations.