This is after an Accra High Court on Thursday overturned the decision by the Minister of Lands and Natural Resources, to revoke the company’s mining license to prospect on the concession in the Ashanti Region.

[contextly_sidebar id=”uuEA20RWADWXBVrvtfvkWxPoIfvlHRUp”]The court presided over by justice Kwaku Ackah Boafo said the sector minister exceeded his powers by withdrawing the license.

But Mr. Dame, speaking on Eyewitness News, said, although the court quashed the decision of the minister, it still concurred with the assertion that the activities of Exton Cubic were illegal.

He also intimated that, his outfit will also be looking into the circumstances under which a company with affiliations to Ibrahim Mahama, was granted the mining lease when his brother, John Mahama was President.

“These are matters of monumental importance. We have to even look at the processes, [asking] how come just a week before the handover of power by a real government, the President of the day, through the Ministers will convey a mining lease to a company owned by [the president’s] brother. These are things we have to look at.”

“We don’t rush. We will take our time to do things. We will probe into how these infractions were committed and committed in favour of the company owned by the brother of the then-President [Mahama] granting about 79 percent of the nation’s known bauxite resources in the company’s favour,” the Deputy AG said.

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 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.

The directive was to revoke the permits was issued because the company’s three mining leases were found to be invalid.

The Sector 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.]”

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post We will still pursue Ibrahim Mahama, Exton Cubic – Dame appeared first on Citi 97.3 FM - Relevant Radio. Always.

A statement from the Commission directed the company to “stop any attempt of entering the concession to undertake any mining operation.”

[contextly_sidebar id=”o5woULxqBtph80DM7i01aTTpBAQ8pTKz”]It said Exton Cubic shall obtain the “necessary approvals and permits as may be required by law from the Forest Commission on Water Resources Commission and the Environment Agency or any other regulatory body” before “undertaking an activity or operation under the mining lease.”

The order follows claims by the Environmental Protection Agency (EPA) that Exton Cubic Group Limited’s current operations in the Nyinahin bauxite concession are illegal.

Though the Exton Cubic applied for a permit to undertake the prospecting of bauxite in the area; it failed to comply with EPA regulations rendering the permits null and void.

The Commission further indicated that the validity of Exton Cubic’s forestry permit is strictly contingent upon its fulfillment of “all statutory regulations of the Environmental Protection Agency (EPA), Water Resources Commission (WRC), and the Inspectorate Division of the Minerals Commission pertaining to legitimate mining operations in a forest reserve.”

“The mining lease is subject to ratification by Parliament in accordance with Article 26811, the Constitution and Section 5(4) of Act 7013. Upon execution of this mining lease, the company shall submit a certified true copy of the mining lease to the Minister to be laid before Parliament for ratification.”

The seizure of mining equipment belonging to Ibrahim Mahama’s Engineers and Planners (E&P), which was undertaking some preparatory work in the forest for Exton Cubic, culminated in the mining company accusing the Ashanti Regional Minister of unlawfully impounding vehicles belonging to Engineers and Planners  and detaining its officers.

The Minister for Lands and Natural Resources, Peter Amewu, had earlier tried to clarify the situation by confirming that his Ministry granted Exton Cubic an entry permit into the Nyinahin bauxite concession.

But the EPA in a statement said, “the bottom line is that Exton Cubic Group limited has not obtained the required EPA permit under its mining lease and therefore, any attempt to enter the area for mining is illegal.”

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By: Marian Ansah/citifmonline.com/Ghana

The post Halt operations at Nyinahin bauxite concession – Exton Cubic ordered appeared first on Citi 97.3 FM - Relevant Radio. Always.

Though the Exton Cubic applied for a permit to undertake the prospecting of bauxite in the area; it failed to comply with EPA regulations rendering the permits null and void.

[contextly_sidebar id=”gEAJAi2vj0luplj8jExztu7Gl6kgg6nU”]The seizure of mining equipment belonging to Ibrahim Mahama’s Engineers and Planners (E&P), which was undertaking some preparatory work in the forest for Exton Cubic, culminated in the mining company accusing the Ashanti Regional Minister of unlawfully impounding E&P’s vehicles and detaining its officers.

The Minister for Lands and Natural Resources, Peter Amewu, had earlier tried to clarify the situation by confirming that his Ministry granted Exton Cubic an entry permit into the Nyinahin bauxite concession.

But the EPA in a statement clarifying Exton Cubic’s standing said, “the bottom line is that Exton Cubic Group limited has not obtained the required EPA permit under its mining lease and therefore, any attempt to enter the area for mining is illegal.”

Background of Exton Cubic’s operations

According to the EPA, on March 29, 2016, Exton Cubic applied for three separate Environmental Permits from the EPA to undertake the prospecting of bauxite on its Mprasaso, Kiriyaso, and Kyekyewere concessions in the Ashanti region covering a total of 346.08 km sq.

The EPA granted the Environmental Permits to Exton Cubic June 7, 2016, and the company, among other conditions was to notify the EPA as soon as prospecting activities commenced and also to “submit within three months from the date of issuance of the Environmental Permit a liability estimate of environmental degradation to enable the posting of the Reclamation Bond in line with Regulation 23 of the Environmental Assessment Regulation 1999 (LI 1652).”

But Exton Cubic “unfortunately reneged on all these conditions,” the EPA revealed. Thus, the prospecting permits are therefore “no longer valid,” the EPA added.

Subsequently, the mining company acquired a Mining Lease on December 26, 2016 from the Ministry of Lands and Natural Resources, which requires a new EPA permit but “has not been granted by the EPA.”

The EPA noted that documents pertaining to a “No objection” letter from Cabinet, an environmental assessment, among others, are required to support Exton Cubic’s application for an EPA permit under its Mining lease.

“Failure of the company to comply with the above-stated conditions as at the time of the issuance of this press release has rendered all environmental permits null and void, Again, the EPA wishes to state that any mining activity to be conducted by the Exton Cubic Group Limited within the concession areas, of which Environmental Permit is being sought is not consistent with the Environmental Assessment Procedures of the EPA, LI1652 and is therefore illegal.”

Find below the fill EPA statement

The attention of the EPA has been drawn to a situation that has arisen regarding an attempt by Exton Cubic Group Limited to enter the Nyinahin bauxite deposit area for the purpose of undertaking mining activities. As a result of the public interest in the matter, the EPA would like to clarify the position of Exton Cubic Group Limited’s Environmental Permit status under its Mining Lease (that is a necessary condition for any mining activity). The bottom line is that Exton Cubic Group Limited has not obtained the required EPA permit under its mining lease and therefore any attempt to enter the area for mining activity is illegal.

On 29th March 2016, Exton Cubic Group Limited applied for three separate Environmental Permits from the EPA to undertake prospecting of bauxite on its Mprasaso, Kiriyaso, and Kyekyewere concessions in the Ashanti region covering a total of 346.08 km sq. The EPA granted the Environmental Permits to Exton Cubic Group Limited on 7th June 2016. The company among other conditions was to notify the EPA as soon as prospecting activities commenced and also to submit within three months from the date of issuance of the Environmental Permit a liability estimate of environmental degradation to enable the posting of the Reclamation Bond in line with Regulation 23 of the Environmental Assessment Regulation 1999 (LI 1652). Exton Cubic Group Limited unfortunately reneged on all these conditions. The prospecting permits are therefore no longer valid. Exton Cubic Group Limited subsequently acquired a Mining Lease on 29th December 2016 from the Ministry of Lands and Natural Resources, This mining lease requires a new EPA permit which has not been granted by the EPA. The EPA’s discussions with the company and its consultants indicated that the following documents are required to support their application for in EPA permit under its Mining lease:

• Submission to EPA of a “No objection” letter from Cabinet;
• Completion and submission of statutory environmental assessment form (EA2); and
• Notification from the EPA to the company to conduct the Environmental Impact Assessment which would have led to a broader public consultation and “public hearings’ within the relevant catchment communities in line with Regulation 17 of the Environmental Assessment regulations, 1999 (LI 1652).

Failure of the company to comply with the above stated conditions as at the time of the issuance of this press release has rendered all environmental permits null and void, Again, the EPA wishes to state that any mining activity to be conducted by the Exton Cubic Group Limited within the concession areas, of which Environmental Permit is being sought is not consistent with the Environmental Assessment Procedures of the EPA, LI1652 and is therefore illegal.

SIGNED

EXECUTIVE DIRECTOR

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post Nyinahin: Exton Cubic’s operations illegal – EPA appeared first on Citi 97.3 FM - Relevant Radio. Always.

In a petition to the President, the youth want the president to order all machinery of Exton Cubic Company to be impounded until a proper agreement is reached by all stakeholders.

The Assembly man for the Nyinahin electoral area, Baba Yaro presented the petition to the District Chief Executive of the area on behalf of the youth.

The Police had earlier tried preventing the youth from embarking on a planned demonstration in the area.

The government said it gave an entry permit to Exton Cubic Group Limited to prospect bauxite in the Tano Offin Forest reserve.

The move, however, angered the youth of the area who have threatened not to allow the company to operate.

The Ashanti Regional Minister, Simon Osei Mensah subsequently confiscated equipment belonging to Engineers and Planners, a company assisting Exton Cubic to exploit the mineral.

Although the Minister of Lands and Natural Resources, Peter Amewu explained that the said company was doing nothing wrong, Mr. Mensah said he was waiting on official documentation from the Ministry before releasing the vehicles and equipment to the Engineers and Planners (E&P).

Exton Cubic Group Limited earlier rejected claims that the Chief Executive Officer of Engineers and Planners, Ibrahim Mahama was chased out of a bauxite concession at Nyinahini over the weekend.

There were reports on social media that Mr. Ibrahim Mahama was prevented from taking his equipment to the Nyinahini concession site by some angry residents from Nyinahin mostly youth in the Atwima Mponua District of the Ashanti Region.

But Exton Cubic Group Limited said it legally engaged Engineers & Planners to undertake preparatory works “at its legally acquired Nyinahini Bauxite concession.”

The company also was angry with government over the seizure of equipment belonging to Engineers & Planners and threatened to take legal action if need be.

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By: Godwin A. Allotey Lauretta Timah/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Nyinahin youth issue ultimatum over Exton bauxite deal appeared first on Citi 97.3 FM - Relevant Radio. Always.