Skip to main content

Exton Cubic Case: Supreme Court sets July 31 to rule on AG's application

Ibrahim Mahama owns Exton Cubic mining company
The Supreme Court has set July 31 to rule on an application filed by the Attorney General asking the justices to quash a decision by a High Court in a case between the mining company, Exton Cubic and the state.

On February 8, 2019, the High Court ruled that, the Natural Resources Minister John Peter Amewu had no power to revoke the mining licenses granted to Exton Cubic to prospect for bauxite.

The motion filed ex-parte by the Deputy Attorney General Godfred Dame says the ruling by High Court presided over by Justice Ackaah Boafo in the case could undermine efficient administration of justice.

He said the company breached several processes in its acquisition of a mining license, a situation that makes it impossible for Exton Cubic to be deemed to have a “mining right as required by law.”

Arguing their case before the Supereme Court on Wednesday, Mr Dame said the proceedings of the high court was in violation of Act 703 section 27(1), saying the act sets out the mandatory procedure for mining rights.

He said the further grant by the Judge to quash the letter written by the Minister was an error.

He, therefore, prayed the Supreme Court to intervene and quash the ruling of the High Court since the court even lacked jurisdiction to enforce or protect a right which Exton Cubic did not have.

He said the wrongful assumption of jurisdiction of the court by the judge is also in violation of Act 703.

Mr Osafo Boabeng, Counsel for the interested party, said they were opposed to the application and have filed an affidavit in opposition to that effect.

He said the applicant has not been able to situate herself within any of the sections in Act 703, for section 27 to be invoked.

He prayed the court to dismiss the application since no proper grounds of certiorari has been canvassed before the court, saying alternatively, the issue of Act 268(1) was hanging.

The seven-member panel of the Supreme Court, chaired by Justice Julius Ansah, then adjourned the matter to July 31, for ruling.

Earlier this year, Exton Cubic proceeded to the High court challenging the power of the Minister to revoke three licenses it received to prospect for bauxite during the tenure of the Mahama-led administration.

The company in part accused the Minister of being arbitrary and asked the court to set aside the decision by the Minister to revoke its mining licenses.

The presiding judge in his ruling quashed the letter written by the Minister.

Source: ghananewsagency.org

Comments

Popular posts from this blog

Full Statement : Corruption Watch, others Assesses Amidu's Works as OSP after one year

Martin Amidu, Special Prosecutor Director for Advocacy and Policy Engagement, CDD-Ghana, Dr. Kojo Pumpuni Asante on behalf of Corruption Watch, the CSO Coalition on the OSP and ADISS, on Monday 13th May 2019 at a Roundtable Discussion at Coconut Groove Hotel in Accra, presented an assessment of the Office of the Special Prosecutor led by Mr Martin A B K Amidu, after one year in office. It would be recalled that during the 2016 election campaign, then candidate Nana Akufo-Addo promised to create an office for Special Prosecutor to aid the work of the Attorney General and Minister of Justice in the fight against corruption if elected.   And true to his promise, on January 11 2018, the president announced popular anti-graft campaigner, Martin Amidu as the first ever Special Prosecutor. The announcement was greeted by excitement from most Ghanaians due to the vigorous nature Amidu fought against his party (the NDC) in the infamous judgement debt paid to busines...

UN Special Rapporteurs urge Ghana to withdraw the anti-LGBTI Bill.

  UN human rights experts urged Ghana’s Government to reject a proposed ‘family values’ bill, saying it seeks to establish a system of State-sponsored discrimination and violence against the LGBTI community. The bill’s first reading took place on August 2, 2021, and its consideration is expected to resume in October 2021.   “The draft legislation argues that any person who deviates from an arbitrary standard of sexual orientation or gender identity is immediate to be considered dangerous, sick or anti-social,” said the experts. “Such laws are a textbook example of discrimination.  “The proposed law promotes deeply harmful practices that amount to ill-treatment and are conducive to torture, such as so-called ‘conversion therapy’ and other heinous violations like unnecessary medical procedures on intersex children, and so-called corrective rape for women,” they added.  The independent experts, appointed by the Human Rights Council, presented an analysis of the dra...

Dogboe takes time off boxing

Isaac Dogboe Isaac Dogboe's journey in the pugilistic sport is far from over, even though he is to take a lengthy break. The 24-year-old will remain in the sport but will take time off and resume his university education, he has exclusively confirmed to Joy Sports. The former world champion gained admission to the Penster University last year but had deferred studies due to the demands of his boxing career. This decision to return to school comes after a one-on-one meeting with his father, Paul, who led his corner on the night of his humiliating loss to WBO super bantamweight champion, Emmanuel Navarette. "I am good and glad I was not injured. It's rather unfortunate I couldn't win the bout and I guess sometimes these things happen. I am grateful to all for the massive support for this bout,” he told Joy Sports in Arizona. He mentions that he will take time off to get himself back into school, and re-strategize to make a return to the ...