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...

Atwima Nwabiagya North NPP:Assibey warned over premature campaign

A group in the ruling party calling itself G rass   root campaigners of NPP  in the  A twima  N wabiagya  N orth  Constituenc y has drawn the  attention  of the National, Regional and Constituency executives  to warn  the 2012 independent Parliamentary candidate  Lawyer Di cks on Osei Assibey to desist from campaigning and declaring his intentions to be the parliamentary candidate of Atwima Nwabiagya North Constituency in 2024  on the ticket of the NPP . According to the group, Lawyer Dickson Osei Assibey    on Saturday 1 st   May , 2021   me t  more than 85 Polling station executives and party faithfuls  to lunch his bid to contest for parliamentary primaries in 2023. This  was organized by the two Electoral Area coordinators in the area . In a letter signed by the President of the Grass root Campaigners Marfo Kwabena Sakyi , it said  campaigning for parliamentary candidate position can ...

Police Stops NABCO Trainees from Hitting the Street on May 10

NABCO Trainees The Executive Body of the Coalition of NABCO Trainees has expressed gross despondency and disappointment in the Greater Accra Regional Police command for a deliberate action to retard their scheduled demonstration and to frustrate the leadership of the Coalition to give up on this genuine course. The Coalition explicitly state that the Command's position in a letter served to the Coalition dated 7th May 2019 requesting further extension of the scheduled date for the demonstration on Friday, 10th May and request for Renotification on account of noncompliance of section1(1) of the Public Order Act 1994 (which States that any person who desire to hold any special event in the public place to notify the police not less than 5days before the event) is deliberate action to withhold the planned demonstration. We will solidly state that there was a consensus Ad Idem and settlement between the command and coalition which resulted in rescheduling the date from Wedne...