Godwin Edudzi Tamakloe, a member of the company’s legal team told Citi News the judgement validates the company, adding that business will go back to normal.

[contextly_sidebar id=”ewY25oQMUp9ZfGWIiIjrT9qIzpegVY4a”]“If a decision is taken to invalidate a lease and the court says that, that invalidation is set aside or quashed, it means that we are back to the status quo,” he said.

According to Godwin Edudzi Tamakloe, the decision taken by Lands Minister Peter Amewu to withdraw their prospecting license has been rendered void by the court, meaning the company can resume work.

“The decision taken by the honourable minister as captured in the letter of 4^th September stands quashed that what it means, that letter communicated a certain invalidation, so if that invalidation is set aside, then it means that we are back to where we were,” he said.

An Accra High Court quashed the decision by the Minister of Lands and Natural Resources, John Peter Amewu, to revoke the lease of  Exton Cubic Group Limited, to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve.

According to the court, the Minister exceeded his powers by withdrawing the license of the mining company, which has affiliations with Ibrahim Mahama’s Engineers and Planners (E&P).

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.

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By: Farida Yusif/citifmonline.com/Ghana

The post Exton Cubic welcomes High court ruling on withdrawal of license appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Minister, John Peter Amewu, revoked the company’s licenses to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve, describing the company’s operations there as illegal because of invalid mining leases.

[contextly_sidebar id=”7pSj2ecemFNfFW0DR0ThcSXf9i5pT1vn”]Lawyers for the company told the court that the Minister acted unreasonably by revoking the license without allowing the company opportunity to meet all requirements.

They prayed the court to order a restoration of the license.

The company also wants to protect its rights to the concession, and is thus seeking an order of injunction preventing the Ministry from granting the rights acquired by Exton Cubic Group to any other person.

Prior to all this, the Environmental Protection Agency (EPA), had indicated that Exton Cubic reneged on commitments to submit a liability estimate of environmental degradation, among others.

Deputy Attorney General, Godfred Yeboah Dame, who represented the state, opposed the application describing it as incompetent in form, saying it lacked substance.

The withdrawal of the license 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 explained that his Ministry had granted Exton Cubic Group Limited an entry permit into the Nyinahin bauxite concession.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Court to rule on Exton Cubic case in February 2018 appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Minister, John Peter Amewu, revoked the company’s leases and licenses to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve, describing the company’s operations there as illegal because of invalid mining leases.

[contextly_sidebar id=”HNz8ywxTH05SbMrwbo4pv1PG9wcAIJBz”]Prior to this, the Environmental Protection Agency (EPA), had indicated that Exton Cubic reneged on commitments to submit a liability estimate of environmental degradation, among others.

But Exton Cubic, in an application for a review of the decision at the High Court, has argued that the Minister’s decision was unreasonable, unjust, and an abuse of his powers.

The company, among others, is seeking 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 contends 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.”

Exton Cubic is further seeking an order quashing the minister’s decision to revoke the mining leases, and “an order of injunction restricting the Minister of Lands and Natural Resources or his agents from interfering with Exton Cubic’s rights acquired.”

Aside from this, the company also wants to protect its rights to the concession, and is thus seeking an order of injunction preventing the Ministry “from granting the rights acquired by Exton Cubic Group to any other person.”

Since the start of this saga in August 2017, Exton Cubic has threatened to use available legal means to overturn government’s revocation of its license, although Mr. Amewu maintained that, the mining company’s processes in acquiring the lease were questionable.

“The processes leading to the grant of the license were not quite clear and were not transparent, very opaque. So it called for a lot of questions. We believe that if the processes had taken time and the duration for the various permits were within the framework, this issue wouldn’t have come out,” the sector Minister said on the matter.

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.

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

The post Exton Cubic finally sues Amewu over withdrawal of permit appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to them, the planned demonstration will coincide with President Akuffo-Addo’s visit to the U.S for the UN General Assembly Meeting.

[contextly_sidebar id=”PsFoiTKUdxJg5kzSGQZh8rJfIUmmJLus”]Exton Cubic Group’s license currently has been revoked by the Ministry of Lands and Natural Resources with the excuse that they failed to meet the legal requirements.

The company has since been prevented from prospecting bauxite at Nyinahini in the Ashanti Region.

Speaking to Citi News, the Communications Director for Ashanti Youth for Development, Alex Kweku Asafo Adjei, said the demonstration is to also protest the extent to which “our  laws have been skewed to favour multinational companies just to take away our resources.”

“Our brothers in the US are holding a demonstration against the President or the government of the day. We are of the view that these frustrations are being inflicted on Exton Cubic mainly because we have heard that the government wants to leverage that Bauxite deposit to the Chinese government.”

Officials of the former National Democratic Congress (NDC) administration, have accused government of unfair treatment against the mining firm.

The company has served notice it may take a legal action if government doesn’t reconsider it’s decision.

Revoking our license bad for private investors – Exton Cubic

Exton Cubic Group has lamented that the revocation of their exploration permit by government will deter private investors from creating jobs in Ghana.

In a fresh letter addressed to the Minister of Lands and Natural Resource, and signed by Managing Director of Exton Cubic, Augustus Amegashie, the company said “your action in disrespecting the sanctity of signed agreements will deter the potential private investments needed to create more jobs.”

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By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

The post Group threatens demo in U.S over withdrawal of Exton Cubic’s permit appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Exton Cubic threatened to use available legal means to overturn government’s revocation of its license, but Mr. Amewu maintains the mining company’s processes in acquiring the lease were questionable.

[contextly_sidebar id=”fcMt6JZq0s9l8ho2MzevIRk4KljYXgQR”]”The processes leading to the grant of the license were not quite clear and were not transparent, very opaque. So it called for a lot of questions. We believe that if the processes had taken time and the duration for the various permits were within the framework, this issue wouldn’t have come out.”

“There are processes and durations that one needs to pass through. If for some reason, one has to go beyond those processes, that will not be an acceptable permit at all. We want to do it within the regulated format,” the Minister said.

Mr. Amewu was speaking during a meeting with mining investors as part of the African Downunder Conference in Australia, where he also charged mining investors to comply with the rules and regulations of the industry.

Exton’s complaints

Exton Cubic Group, in a letter addressed to the Minister of Lands and Natural Resource, said the revocation of their exploration permit would deter private investors from creating jobs in Ghana.

The company said Mr. Amewu disrespected the sanctity of signed agreements and exhibited arbitrary and a gross abuse of executive power when he revoked the contract.

Mr. Amewu, last week, announced that Exton Cubic had not met all the legal requirements to permit the company to prospect for bauxite in the Tano-Offin Forest Reserve in the Ashanti Region, thus rendering their three mining leases invalid.

Earth moving equipment and vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), had earlier been impounded at Nyinahin, the town 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.

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

The post Exton Cubic has no cause to complain – Amewu appeared first on Citi 97.3 FM - Relevant Radio. Always.

In a fresh letter addressed to the Minister of Lands and Natural Resource, and signed by Managing Director of Exton Cubic, Augustus Amegashie, the company said “your action in disrespecting the sanctity of signed agreements will deter the potential private investments needed to create more jobs.”

[contextly_sidebar id=”IG9pckm9ndPoLpJBZCortBfYqP202mYv”]The Lands Minister, John Peter Amewu, last week announced that Exton Cubic has not met all the legal requirements to permit the company to prospect for bauxite in the Tano-Offin Forest Reserve in the Ashanti Region, thus rendering their three mining leases invalid.

Earth moving equipment and vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), had earlier been impounded at Nyinahin, the town where the forest reserve is located, on the orders of the Ashanti Regional Minister, Simon Osei Mensah, following suspicions the mining company was operating illegally.

The letter from Exton Cubic sighted by citifmonline.com, further expressed disappointment over the revocation of their permit describing it as “arbitrary and a gross abuse of executive power.”

“We are by this letter expressing our disappointment at your decision, and state that the reasons for your action are not borne by the facts and the evidence on record. We believe that such unfair treatment meted out to an indigenous Ghanaian company runs against his Excellency President Akufo-Addo’s mantra of ‘I believe in Ghana’,” the letter added.

Exton Cubic’s Managing Director also lamented that the revocation will affect their investments in the sector.

“Your unilateral decision to ‘revoke’ or ‘invalidate’ the leases threaten to jeopardize the massive investments we have made in the bauxite project and also cause us to default our firm off-take agreements with our international partners. We wish to inform you, that our company intends to do all that is possible within the remit of the law to protect and realize its rights under the leases. Our lawyers have been instructed in this regard,” he added.

Although there are indications the company may be considering a legal action against government, no concrete decision has been taken in that regard by the company.

Click here for the full letter

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Revoking our license bad for private investors – Exton Cubic appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Lands and Natural Resources Minister, John Peter Amewu, revoked Exton Cubic’s  exploration license for bauxite in the Tano Offin Reserve because they did not have some statutory documents to back the lease.

[contextly_sidebar id=”cqOSm7GNnWv1kkyQ7MdWm9Sso1hmbYmj”]Speaking to Citi News’ Duke Mensah Opoku, the Tamale Central MP said government should have considered the business interest of Exton which is wholly Ghanaian owned.

“It was under the term of John Dramani Mahama that we started ratifying some agreements and as I speak to you, there are companies in this country operating without parliamentary ratification so when you are treating companies based on non-gratification, you must treat all companies equally. That is fair treatment. You don’t select and pick. Selecting and picking suggests that you are discriminating against certain people.

“The motivation is status and identification; and this goes to buttress the point that empowering the private sector under Nana Akufo Addo is not inclusive… ” the former Minister complained.

Why permit was revoked 

Mr. Amewu had explained that the directive was issued because the company’s three mining leases were invalid.

The 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.]”

We’ll sue over withdrawal of exploration permit – Exton Cubic 

In another development, Exton Cubic has said it will turn to the court over government’s revocation of its exploration license.

The Public Relations Officer of Exton Cubic, Sammy Gyamfi, had indicated that his outfit is currently “studying the letters received from government” before “seeking redress by taking the necessary legal steps.”

“We will take the appropriate legal steps to seek redress… These are technical and legal issues which our lawyers will go through,” he stated.

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By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

The post Gov’t is discriminating against Exton Cubic – Inusah Fuseini appeared first on Citi 97.3 FM - Relevant Radio. Always.

The vehicles were impounded in the Nyinahin township upon the orders from the Ashanti Regional Minister, Simon Osei Mensah, following suspicions the mining company was operating illegally.

[contextly_sidebar id=”CrhRZgKMm1RDeYSce2h28fqA07l00Kzf”]The Public Relations Officer of Exton Cubic, Sammy Gyamfi, on Eyewitness News said government is yet to release the seized equipment to the company.

“I can say that our equipment is still in the possession of the state. We have still not received the equipment,” Mr. Gyamfi confirmed.

Lawyer for Exton Cubic Limited, Reindorf Twumasi Ankrah, had served notice of a suit against the state over what he described as the unlawful seizure of the equipment, and the withdrawal of their exploration license.

Mr. Gyamfi said though Exton Cubic had formally written to the Attorney General, Gloria Akuffo informing her about the company’s intentions to sue government over the development, the latter is yet to return the equipment.

He added that Exton Cubic had also not received  “any official communication from the Police and other authorities” over the seizure.

Equipment seizure costing us $40,000 daily – Exton Cubic

Exton Cubic had earlier revealed that the seizure of their vehicles and mining equipment was costing the company over $40,000 daily.

According to Exton Cubic, the losses started on August 20, when the vehicles were impounded in the Nyinahin township.

At a press conference a few weeks ago, the company’s Public Relations Officer, Samuel Gyamfi, reiterated the company’s assertion that the impounding and detaining of its officers was unlawful.

“The company is losing over $40,000 a day due to this unlawful act and as we have told you, we are going through the legal process with our lawyers and very soon, the authorities concerned will be written to and we will make our position clear to them.”

Mr. Gyamfi maintained that “… what they have done to us is not fair. What they have done to us is not allowed or permitted by law and we expect that the right things will be done.”

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By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

The post Our equipment still in govt’s possession – Exton Cubic appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Minister of Lands and Natural Resources, Peter Amewu, had explained that the directive was issued because the company’s three mining leases were invalid.

[contextly_sidebar id=”jlTdK0r0o5ojKGHe6DRlgMRxmrzPAZyx”]Mr. Amewu explained that 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.]”

But the Public Relations Officer of Exton Cubic, Sammy Gyamfi, on Eyewitness News indicated that, his outfit was currently “studying the letters received from government” before “seeking redress by taking the necessary legal steps.”

“We will take the appropriate legal steps to seek redress… These are technical and legal issues which our lawyers will go through,” he stated.

Mr. Gyamfi further indicated that, government’s claims in the letters issued to Exton Cubic were false, saying “in the coming days, we will delve into the details of the two letters and we will demonstrate to you that the facts and complaints contained in those government letters are totally false. The claims are totally untenable.”

Mr. Gyamfi insisted that Exton Cubic had not breached the law as far as the exploration of bauxite was concerned.

“We ask our supporters to remain calm. There is no cause for alarm. We have not done anything untoward. We are pursuing our objective of ensuring that Nyinahen Bauxite is exploited for the benefit of Ghanaians.”

The mining company, which was granted a license  on December 29, 2016,  insists it followed due process in the acquisition of the mining license despite claims by the EPA and Mineral’s Commission  that it was in breach of the law.

–

By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

The post We’ll sue gov’t over withdrawal of exploration permit – Exton Cubic appeared first on Citi 97.3 FM - Relevant Radio. Always.

Speaking to the press on Monday, Prof. Frimpong Boateng stated that “every government wants to promote indigenous Ghanaian businesses.”

[contextly_sidebar id=”iBvHTkv3wFmkP20WSjQWzZcGq16G5rVf”]The Minister was speaking after the Minister for Lands and Natural Resources, John Peter Amewu, announced that Exton Cubic had not met all the legal requirements to prospect for bauxite at Nyinahini in Tano Offin Forest reserve.

A number of infractions were noted by the Minister for Lands and Natural Resources with regards to Exton Cubic’s operations, and Prof. Frimpong maintained that “the laws are laws. This is not a political thing. This government works with the law and infractions are infractions.”

“Nobody can say that this is a political witch hunt. The minister mentioned a lot of infractions… so you can go through and you will know that we are not after any individuals. I will be the last person, and I am sure the President will be the last person to hunt Ghanaian business people.”

Exton Cubic’s fears

Exton Cubic however expressed worry that the challenges faced by its exploration at the Nyinahin bauxite concession may have been a result of a witch hunt against it.

The company said the recent developments concerning the legality of operations in the Nyinahin bauxite concession gave it a reason to be concerned.

Vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), were impounded in the Nyinahin township on the orders from the Ashanti Regional Minister, Simon Osei Mensah, following suspicions the mining company was operating illegally.

When asked if Exton Cubic suspected a witch hunt during a press conference in August, the company’s Public Relations Officer, Samuel Gyamfi said: “… suspicions, yes, we will not discount that [a witch hunt] because the way things are happening and the way things are being done gives us great cause to worry.”

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

The post No witchhunt against Exton Cubic – Frimpong Boateng appeared first on Citi 97.3 FM - Relevant Radio. Always.