Mr. Owusu Bempah, during the course of a live television discussion on an Accra-based television station, UTV, alleged accused Mr. Ibrahim Mahama of stealing.

But Mr. Mahama argues in his suit that the allegations were informed by ill-intent on the part of Mr. Owusu Bempah.

He has therefore asked the High Court to award punitive damages.

The lawsuit, which has been sighted by Citi News, is seeking “an order of injunction restraining Ernest Owusu Bempah from publishing the same or similar defamatory statements about Ibrahim Mahama.”

The plaintiff is also seeking “an order directed at Ernest Owusu Bempah compelling him to publish in the Daily Graphic and on UTV and unqualified apology to Ibrahim Mahama and a retraction of the said statements with the same prominence and passion as the defamatory statement.”

Aside from this, Ibrahim Mahama is also seeking “punitive or exemplary damages of GHc 2 million for defamation” and compensation of his legal costs.

He also wants UTV to “remove from its archives, be it electronically or whatever form, the said defamatory statement.”

Mr. Mahama maintains that the allegations of theft are “palpable lies made without justification and was actuated by the defendant’s [Owusu Bempah] gross malice, disdain and ill will” towards him.

Mr. Owusu Bempah was a Communications Director of the National Democratic Party (NDP) prior to his appointment to Ghana Gas.

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

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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.

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

[contextly_sidebar id=”tly8KZNhIFVX4YFE4tyQGJx3nSUbtbsZ”]Mr. 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.

But the judge, Justice Kwaku Ackah Boafo, held that the decision was not grounded in law and violated the principle of natural justice.

He added that, it was only the court which could revoke mining licenses in such circumstances.

The judge also questioned how Mr. Amewu could assume the role as an adjudicator, while he was a stakeholder in the matter.

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

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 John Dramani 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.

Why permit was first 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.]”

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By: Fred Djabanor/citifmonline.com/Ghana

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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 spokesperson of the Chiefs, Nkwawiehene Nana Kusi Amankwa Maafo II, said all the three chiefs in the bauxite concession area are fully aware of the legal processes that commenced four years ago.

[contextly_sidebar id=”Al2ztzaQAAeSyeC4PvMYA68LMS7T28KN”]They argued further that the Exton Cubic’s activity in the area bode well for the employment prospects of the people in the area and charged President Nana Akufo-Addo to live up to his pledge to boost employment.

“So for us here, we want the mining activities to go on so jobs are created in this area so were are pleading with the government, Nana Akufo-Addo, his ministers, his cabinet, to get behind Exton Cubic and allow them to work,” Amankwa Maafo II said at a press conference in Kumasi on Tuesday,

He noted that foreign companies look to mine in the area but, “Ibrahim Mahama is one of our own so if Exton and E&P are in partnership to do something in this area, there is nothing wrong with it… We know of foreign mining companies that have expressed interest in mining here but to no benefit for people here.”

“The foreign companies come here and work and leave us without any befitting farewell but one of our own is coming to work here and won’t allow them [Exton Cubic] to be sent away.”

Background

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

Youth in the area also kicked against the operations of the mining company.

The Minerals Commission subsequently directed Exton Cubic to halt operations at the Nyinahin bauxite concession of the Tano Offin Forest reserve.

The order followed claims by the Environmental Protection Agency (EPA) that Exton Cubic’s current operations in the Nyinahin bauxite concession were illegal because it had breached terms of its initial permit.

The company has since said it would sue the state, arguing that it wrongfully interfered with its right to prospect on the Nyinahin Bauxite Concession.

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

The post Allow Exton Cubic to operate – Nyinahin chiefs plead appeared first on Citi 97.3 FM - Relevant Radio. Always.

The company owned by brother of former President John Mahama, Ibrahim Mahama had been engaged by a mining firm, Exton Cubic Group to help in prospecting bauxite in the Tano-Offin Forest Reserve.

Even before the trucks could get to the Nyinahin, the town where the forest reserve is, the DCE according to the Public Relations Officer of Exton Cubic, Sammy Gyamfi, crossed the trucks with his vehicle and confiscated the trucks and arrested the drivers.

Mr. Gyamfi while speaking Citi FM’s news analysis programme over the weekend said although the drivers have been granted bail, the Ashanti Regional Minister, Simon Osei Mensah has refused to release the trucks claiming the machines were going to perpetuate an illegality.

But Exton Cubic insists that they have the necessary permits to prospect bauxite in the forest reserve despite a contrary statement by the Environmental Protection Agency (EPA).

Mr. Gyamfi also explained that the trucks were not arrested in the forest reserve but were on their way to donate a generator to the hospital in the town following a request by the chief.

Click below for Mr. Gyamfi’s account of how Ibrahim Mahama’s trucks were confiscated:

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By: citifmonline.com/Ghana

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EPA had accused the company of entering the forest illegally and has asked Exton to halt operations and take steps to obtain the right permits.

According to the Acting Director of Public Affairs at EPA, Mrs. Angelina Mensah the company failed to comply with some laid down procedures of EPA.

[contextly_sidebar id=”p06JEgnDfBXQ9YxrGkCf7l9fgbQHZevB”]The matter came to the fore when the Ashanti Regional Minister, Simon Osei Mensah and the Atwima Mponua DCE confiscated the heavy duty trucks, vehicles and equipment belonging to Engineers and Planners (E&P) a company Exton engaged to help in its work at the site.

The EPA Public Affairs Director explained that Exton was supposed to among other things inform EPA before entering the forest and they were also supposed to undertake a liability estimate of environment degradation in the area saying such things were not done.

According to her, the liability estimate required that Exton engages consultants and persons versed in mining to “assess the pristine nature of the forest” and also create a fund “called reclamation bond” so that if any destruction was done during the prospecting “that money is used to remediate it.”

“The condition also states that if you do not do these things within three months we have to cancel, revoke or suspend your permit. Unfortunately they did not come back to us, by the time we could say jack, they were in the Nyinahin forest entering. You needed to inform the EPA before they did that. So it’s got nothing to do with their mining but instead it’s got to do with the fact that they did not go with the legal ambit of the EPA’s environmental assessment process,” she stressed.

But speaking on Citi FM news analysis programme on Saturday, the Public Relations Officer of the mining firm, Exton Cubic Group, Sammy Gyamfi insisted that they had all the necessary permits from the appropriate bodies to prospect the mineral but complained that several letters they wrote to the EPA to give them the mining permit received no response.

He added that no official of the EPA had also been the concession site ever since matter came to the fore.

“It is surprising that in all this the EPA hasn’t visited the site to ascertain the veracity of the publications out there that we are engaging in mining. Mining of bauxite is not something you can do in secrecy. You have regional and national offices and we are working with you. So at least one would have expected the EPA to at least give Exton Cubic a hearing.”

“In line with the principles of natural justice a man cannot be judged unheared. In all these things we have not received any correspondences from the EPA; we’ve not received any letters that we have sent to EPA dated 30^th March 2017 and a reminder to that dated 18^th July 2017. And EPA has not acknowledged receipt of these letters and they have also not replied so it strange that the state institution will use the media as platform for engaging local Ghanaian companies who are doing business in the country,” he added.

Mr. Gyamfi also said the issue of the reclamation bond is “totally inaccurate.”

There is no condition in our EPA permit that requires us to present a report within three month relative to the posting of reclamation bond. What our environmental permit says about the reclamation bond is that the EPA will specify a period within which that reclamation bond should be posted and they have not done that specification. So it is sad that the EPA will just base such an ultimate decision on hearsays and publications in the media,” he added.

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

The post Bauxite deal: EPA has been unfair to us – Exton Cubic appeared first on Citi 97.3 FM - Relevant Radio. Always.

EPA insists that Exton breached the agency’s requirement during the exercise.

Exton Cubic which is prospecting Bauxite in the Forest Reserve together with Ibrahim Mahama’s company; Engineers and Planners (E&P), have been in the news lately after the Ashanti Region Minister, Simon Osei Mensah confiscated vehicles and equipment belonging to E&P.

[contextly_sidebar id=”73NgRYO2lMk4QTAfnPihg8qEhn9jTMSN”]The EPA subsequently waded into the fray chastising Exton Cubic and asked it to halt operations and take steps to “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.”

Defending its actions against Exton on Citi FM’s news analysis programme, The Big Issue on Saturday, the Acting Director of Public Affairs at EPA, Mrs. Angelina Mensah argued that the company failed to comply with some laid down procedures of EPA.

She explained that Exton was supposed to among other things inform EPA before entering the forest and they were also supposed to undertake a liability estimate of environment degradation in the area saying such things were not done.

According to her, the liability estimate required that Exton engages consultants and persons versed in mining to “assess the pristine nature of the forest” and also create a fund “called reclamation bond” so that if any destruction was done during the prospecting  “that money is used to remediate it.”

Mrs. Mensah said the requirement was expected to have been fulfilled within three months after obtaining the prospecting permit but the requirement was ignored.

“The condition also states that if you do not do these things within three months we have to cancel, revoke or suspend your permit. Unfortunately they did not come back to us, by the time we could say jack, they were in the Nyinahin forest entering. You needed to inform the EPA before they did that. So it’s got nothing to do with their mining but instead it’s got to do with the fact that they did not go with the legal ambit of the EPA’s environmental assessment process,” she stressed.

EPA failed to reply our letters

But the spokesperson of Exton, Sammy Gyamfi who also spoke on The Big Issue rejected the claims by the EPA.

He also insisted that they received no response from the EPA after writting several letters to them.

“We have gone through our permits; the L.I. the Acts, there is no such three months requirement. Ask them that in line with the principles of natural justice have they drawn our attention to any breaches for which we have failed to remedy. If you need information do you just go to the media and revoke permits without writing to us or giving us a permit?”

Exton Cubic to sue gov’t over seizure of equipment
Exton has further written a letter to the Attorney General expressing its intention of proceeding to court if equipment belonging to Engineers and Planners are not released to them.

“We have been instructed by our client that the seizure and detention of the said trucks has not only adversely affected our client’s business operations but has occasioned and continues to cause our client, financial loss,” the letter signed by lawyer of the Exton Group added.

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

The post EPA defends action against Exton over bauxite deal appeared first on Citi 97.3 FM - Relevant Radio. Always.

The company has said the recent developments concerning the legality of operations in the Nyinahin bauxite concession of the Tano Offin Forest reserve have given it a reason to be concerned.

[contextly_sidebar id=”ruQS9YC3MGuye5gUEDe2xna2mnydEzUe”]Vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), were impounded in the Nyinahin township on 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 on Thursday, 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.”

Mr. Gyamfi proceeded to accuse the Environmental Protection Agency (EPA) of not communicating clearly with it on any possible legal breaches, as the agency has purported publicly.

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

The permit was granted but the EPA said Exton Cubic reneged on commitments to notify the EPA as soon as prospecting activities commenced and also submit a liability estimate of degradation within three months from the date of issuance of the permit.

Mr. Gyamfi, in response to this, said: “… you [Exton Cubic] are the client of a state institution like the Environmental Protection Agency. You have been writing to them and you don’t receive any replies from them. The agency feels that you have done something untoward. You have breached a requirement of your permit. The agency doesn’t write to you. The agency doesn’t invite you for a meeting. Rather you will hear in the media that an adverse decision has been taken against you.”

Mr. Gyamfi also reiterated the Minister for Lands and Natural Resources, Peter Amewu, confirmation that his Ministry granted Exton Cubic an entry permit into the Nyinahin bauxite concession, in the Tano Offin Forest reserve to prospect for Bauxite.

“You have your vehicles which have not been used for any illegal activity impounded. All the necessary information and clarification have been provided by the sector minister and by the authorities concerned. There is ample documentary evidence to show that we are not engaged in any illegal mining activities.”

But when “authorities are telling you we are not ready to meet you – to hell with you. That obviously will feed into that public perception that maybe there is an unseen hand somewhere which is trying so hard to find faults when none exist,” Mr. Gyamfi said.

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

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