A seven-member Supreme Court docket panel has dismissed an software for Certiorari searching for a critique of the apex court’s possess conclusion to quash a Higher Court choice on the revocation of the mining lease of Exton Cubic Firm minimal.
The panel in a five to two ruling presided in excess of by the Chief Justice Anin Yeboah said the factors for dismissing the application would be completely ready in a week’s time.
Justice Julius Ansah, Justice Jones Dotse, Justice Samuel Marfu-Sau and Justice Prof Ashie Kotey with each other with the CJ refused the application.
Even though Justice Yaw Appau and Justice Gabriel Pwamang the two granted the software.
Attorney for the applicant Mr Yaw Osafo Buabng though moving the software for Certiorari software for the apex court to assessment its very own choice earlier, he argued that the choice of the court docket on July 31, 2019, of the normal panel should to be reviewed.
It was counsel’s scenario that the software is premised on Article content 23 of the 1992 Constitution where the elementary, human rights of the applicant was breached.
Exton Cubic applied to the apex court docket to review its earlier ruling on a writ introduced right before it by Deputy Lawyer General, Godfred Dame tough the determination of a significant court on the revocation of the company’s lease to mine bauxite in Nyanihin.
The large courtroom in Accra in February 2019 quashed a decision by the then Minister of Lands and Natural Assets Peter Amewu to revoke the mining leases granted to the company.
The Deputy Legal professional then appealed the ruling of the substantial court docket which was upheld by the Supreme Courtroom.
In accordance to the Apex Court docket, their selection was based mostly on the firm’s failure to comply with required statutory provisions of the Minerals and Mining Act and report 268 of the Structure.
The judges also held that the grant of 3 mining leases in favour of Exton Cubic was in violation of the Structure and section 12 of the Minerals and Mining Act, Act 703.
This led to an ex-parte application at the Apex court by the Legal professional General arguing that the lower court’s conclusion undermines economical administration of justice.
Godfred Dame, has in the past insisted that the government intends to more pursue the situation of the legitimacy of Exton Cubic Team Limited’s permits whilst concurring with the assertion that the pursuits of Exton Cubic were illegal.
He also intimated that his outfit will also be searching into the situation below which a corporation with affiliations to Ibrahim Mahama, was granted the mining lease when his brother, John Mahama was President.
“These are matters of monumental relevance. We have to even seem at the procedures, [asking] how occur just a 7 days just before the handover of power by a genuine federal government, the President of the day, by means of the Ministers will express a mining lease to a corporation owned by [the president’s] brother. These are issues we have to glimpse at.”
Exton Cubic’s leases to prospect in the Tano Offin Forest Reserve have been challenged in August 2017.
The Ashanti Regional Minister, Simon Osei Mensah, ordered the seizure of their gear since Exton Cubic was claimed to be prospecting without a permit at the Nyinahini bauxite concession.
At the time, the mining company taken care of that the seizure of cars belonging to Ibrahim Mahama’s Engineers and Planners (E&P) was illegal since it was in possession of a few demanded permits.
The company experienced also complained that it was being focused by the governing administration for political good reasons, due to Ibrahim Mahama’s relations with former President Mahama.
In their go well with, the corporation argued that the Minister’s conclusion was unreasonable, unjust, and an abuse of his powers.
The company had also complained that it was becoming specific by the federal government for political causes, owing to Ibrahim Mahama’s relations with former President Mahama.
In their accommodate, the enterprise argued that the Minister’s selection was unreasonable, unjust, and an abuse of his powers.
The corporation, among the many others, sought a declaration that “the Minister of Lands and Natural Methods acted ultra vires [beyond] his statutory powers when he revoked Exton Cubic Group Minimal mining leases.”
It also contended that revoking of its license was “breach of the guidelines of all-natural justice”, and in breach of the company’s “rights to administrative justice and residence.”
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