Former EPA CEO warns Act 1124 risks becoming "law on paper" without urgent implementation

A former Chief Executive Officer of the Environmental Protection Authority, Dr John Kingsley Krugu, has warned that Ghana's landmark Environmental Protection Act, 2025 (Act 1124) is in danger of becoming "law on paper" unless the government urgently moves to operationalise its core institutions.

In an assessment paper reviewing the 2026 Mid-Year Fiscal Policy Review, Dr Krugu said while the government deserves credit for macroeconomic stabilisation and renewed enforcement against illegal mining, there is "comparatively limited evidence" that the broader institutional reforms envisaged under Act 1124 are being implemented.

"Legislation, however ambitious, does not transform institutions on its own. Its success depends on sustained political commitment, adequate financing, institutional capacity, effective regulations and consistent administrative leadership," he stated.

Assented to on January 6, 2025, Act 1124 was framed as the most comprehensive reform of Ghana's environmental governance since Act 490 in 1994. The law created four pillars: a stronger institutional framework replacing the EPA with an expanded Environmental Protection Authority; climate governance through the Ghana Carbon Registry, Carbon Market Committee and Mitigation Fund; sustainable environmental financing through the National Environment Fund and Mitigation Fund; and accountability through improved monitoring, audits and public reporting.

"Parliament's vision for Act 1124 extended well beyond enforcement. The Act envisaged a comprehensive governance framework that would strengthen institutions, mobilise sustainable financing, mainstream climate considerations across government, improve environmental accountability and position Ghana as a regional leader in environmental governance and green economic transformation," Dr Krugu said.

He noted that the Mid-Year Fiscal Policy Review provides little detail on the operationalisation of Act 1124's transformative parts, with limited mention of the Environmental Protection Authority's new mandate, the National Environment Fund, the Ghana Carbon Registry, or the Carbon Market Committee.

"This observation should not be interpreted as a dismissal of the progress reported by Government. The distinction is significant. Effective enforcement addresses immediate environmental harm, while effective governance builds the institutions needed to prevent future harm, attract investment, manage environmental risks and support sustainable development," he explained.

He added that with international carbon markets evolving under Article 6 of the Paris Agreement, delays in setting up the Registry and Committee could cost Ghana investment and climate finance opportunities.

Dr Krugu called on President John Dramani Mahama to publish a comprehensive implementation strategy for Act 1124 with clear timelines, make dedicated budgetary allocations and capitalise the National Environment Fund and Mitigation Fund, and appoint a dedicated Minister for Environment to provide oversight and political direction.

"This is not a criticism for its own sake nor is it a partisan argument. Environmental degradation does not distinguish between political parties. Climate change does not recognise electoral cycles. Polluted rivers do not discriminate between governments. The Environmental Protection Act, 2025 belongs to Ghana, not to any political administration. Its successful implementation should therefore become a shared national project," he stressed.

Dr Krugu concluded that Ghana has completed the hard part of passing the law, but the harder part is making it work. "Environmental governance is not a luxury to be pursued after economic recovery. Above all, it requires Government to treat environmental governance as a national development priority rather than a peripheral administrative function."