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

Invest your profits back into farming - COCOBOD boss to Cocoa Farmers

Joseph Boahen Aidoo is Chief Executive Officer of COCOBOD The Chief Executive Officer of the Ghana Cocoa Board (COCOBOD), Joseph Boahen Aidoo, has charged cocoa farmers to be business minded in operating their farms and to partake fully in the various programmes introduced by COCOBOD to ensure good farm yields and to increase profits. "Good farming practices, like pruning, the timely application of fertilizers and proper pests control are essential at all times," he said. Joseph Boahen Aidoo stated this while interacting with farmers in the Ashanti and Brong Ahafo Regions, on the first day of his week-long tour of cocoa farms across the county. He was accompanied by the Deputy Chief Executive of Operations at COCOBOD, Dr Emmanuel Opoku, as well, as Directors and Research Scientists from COCOBOD. The tour is aimed at assessing the level of farmer participation in the various farm productivity improvement programmes implemented by COCOBOD; it is also...

Stop running commentary on our investigations - A-G warns EOCO

Attorney-General, Gloria Akuffo Ms Gloria Afua Akuffo, the Attorney-General has asked the Economic and Organised Crime Office (EOCO) to open itself to the public but to avoid running commentary on its investigations. According to her speaking in public about their investigations could only frustrates their efforts as well as give out too much information to criminals to change their mode of operations. “Criminals are always waiting to cover their tracks and therefore coming out to speak constantly about a matter, makes it easier for them to cover up and therefore frustrating the outcome of the investigations,” she stressed. She advised that the statutory body should avoid following rumours and suspicions so as not to not embarrass themselves. Ms Akuffo said this at EOCO’s maiden national stakeholders’ forum in Accra aimed at interacting with stakeholders and share information on cases investigated, prosecutions and convictions obtained as well as recoveries and confiscations made. ...

Allowing Benito to Go Unopposed is Unconstitutional - Group

Benito Owusu Bio A group calling itself Concern Youth of Atwima Nwabiagya North are describing it as unconstitutional, attempts by the constituency executives to allow Member of Parliament for the constituency, Hon Benito Owusu Bio to go unopposed in the party’s approaching parliamentary primaries. According to the group, the constituency executives in a series of meetings with the polling station executives concluded that nobody wi ll be allowed to contest the sitting MP, a decision most of the polling station executives are not happy with. Starting from first week of April, the constituency executives will send an endorsement forms to all the polling station executives to sign as they only need 40% and above the MP. Concern youth of Awima Nwabiagya North believes this is totally against the party’s constitution and must be condemned. The major political parties in Ghana have been democratizing their candidate selection process, allowing candidates to be freely selec...