An Accra High Court has quashed the decision by the Minister of Lands and Natural Resources, John Peter Amewu, to revoke the mining lease of mining company, Exton Cubic Group Limited, to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve.
According to the court, the Minister, Peter Amewu, exceeded his powers by withdrawing the license of the mining company, which has affiliations with Ibrahim Mahama’s Engineers and Planners (E&P).
Mr. Amewu, revoked the company’s leases and licenses to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve, describing the company’s operations there as illegal because of invalid mining leases.
But the judge, Justice Kwaku Ackah Boafo, held that the decision was not grounded in law and violated the principle of natural justice.
He added that, it was only the court which could revoke mining licenses in such circumstances.
The judge also questioned how Mr. Amewu could assume the role as an adjudicator, while he was a stakeholder in the matter.
Deputy Attorney General, Godfred Yeboah Dame, who represented the state,had opposed the application describing it as incompetent in form and lacking substance.
Background
Exton Cubic after a series of threats in October 2017, filed an application for a review of the decision to revoke the company’s leases to prospect in the Tano Offin Forest Reserve.
The company had also complained that it was being targeted by the government for political reasons, due to Ibrahim Mahama’s relations with former President John Dramani Mahama.
In their suit, the company argued that the Minister’s decision was unreasonable, unjust, and an abuse of his powers.
The company, among others, sought a declaration that “the Minister of Lands and Natural Resources acted ultra vires [beyond] his statutory powers when he revoked Exton Cubic Group Limited mining leases.”
It also contended that, revoking of its license was “breach of the rules of natural Justice”, and in breach of the company’s “rights to administrative justice and property.”
The matter came to public attention when earth moving equipment and vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), were impounded at Nyinahin, the community where the forest reserve is located.
This was on the orders of the Ashanti Regional Minister following suspicions the mining company was operating illegally.
At the time, Mr. Amewu came out to say that his Ministry had granted Exton Cubic Group Limited an entry permit into the Nyinahin bauxite concession.
Why permit was first revoked
Mr. Amewu had explained that, the directive was issued because the company’s three mining leases were invalid.
The Minister said the company’s failure to provide key documents covering its acceptance of the lease, notice of pendency, environmental impact assessment and other statutory requirements rendered the leases invalid.
In a letter to Exton Cubic, Mr. Amewu said “the absence of publications of the Gazette of notice of the pendency of the company’s applications and service of the notice on the various entities specified in the law is contrary to both section 13(2) of Act 703 and Regulation 177 of L.I. 2176 [Minerals and Mining Regulations.]”
Source: citifmonline.com
Disclaimer: Opinions expressed here are those of the writers and do not reflect those of Peacefmonline.com. Peacefmonline.com accepts no responsibility legal or otherwise for their accuracy of content. Please report any inappropriate content to us, and we will evaluate it as a matter of priority. |
it s because a Ibrahim have a meeting with nana ado. nana don't give Ghana porter to one person. If you do Ghana will no vote for you again.
But this isn't the exact ruling. The court held finally that the company doesn't have a mining permit. The journalist is giving as a half baked story. Well it's not surprising though, after all this is GHANA! Lol 😂😂😂😂😂
An appeal will be filed to ensure this man does not get away with anything
Well; Well ;WHAT A POOR SHOW AT COURT BY THIS AG ; I thought these NPP politicians are mostly astute bred of lawyers who should have known better that we are in the era of the law ; besides what sort of poor defence did this AG put forward at Court because the AG Mr Dame should have konwn that Mr Amewu was acting beyond his powers or ultra vires besides we were given all kinds of reasons before the license was revoked by the minister ; ARE THE GOVERNMENT LIARS !!!!!or was there any 'KULULU ' before Ibrahim Mahama went to court because the man went and saw Nana Addo at the flagtaff ;Eeeeei Nana Addo be careful OOOOOO !!!!!! What did they discuss and is Nana Addo catching the this ebola virus of corruption by this Mahama siblings ; Nana Addo should be VERY careful because the NDC is planning hard to tar Nana Addo with some form of Corrupt activity so it would equalise their stilling adventure by the NDC governmrnt led by Jon Mahama ; Nana Addo and NDC should take advce from Ken Agyepong ; the NDC are out to get you and tar you with corruption ; BE CAREFUL NANA ADDO !!!!!!
The court is simply saying Peter Amewu cannot do it by himself. He must squash it by application from the court. That is the proper way to do it. So please Mr. Amewu go to court and petition the court to squash it. Don't do it yourself. We live in the era of rule of law and nobody is a law unto himself.
Kumasi high Court is Distin...
WHY AN ACCRA HIGHCOURT AND NOT A HIGH COURT IN KUMASI?
Fact that Amewu stepped beyond his bounds doesn't mean Ibrahim has the requisite licence to mine...Law is very interesting. Now Mr Ibrahim need to formalize/regularize his mining licence and guess who he has to do so with???
Some people are showing their level of ignorance. The court said re-instate the license...period! Your hatred for this man is eating you up can't you see. You say the judge who ruled on the matter is corrupt. So how would you describe 'judges' who would overturn this decision as? The village has not help you guys. Travel small
Poor journalism...that wasn't the exact ruling