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 in the mineral ownership has been determined as nominal and, therefore, not justiciable. Citizens’ lack of power to question the president in the exercise of mineral rights in court is a drawback for the principles of constitutionalism, separation of powers, rule of law, judicial review, administrative justice and good governance generally. This paper examines the constitutionality of the theory of nominal trusteeship in the regalian mineral ownership regime in Ghana.
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