An Accra High Court has quashed the decision by the Minister of Lands and Natural Resources, John Peter Amewu, to revoke the mining lease of mining company, Exton Cubic Group Limited, to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve.<\/p>\n
According to the court, the Minister, Peter Amewu, exceeded his powers by withdrawing the license of the mining company, which has affiliations with\u00a0Ibrahim Mahama\u2019s Engineers and Planners (E&P).<\/p>\n
[contextly_sidebar id=”tly8KZNhIFVX4YFE4tyQGJx3nSUbtbsZ”]Mr. Amewu, revoked the company\u2019s leases and licenses to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve, describing the company\u2019s operations there as illegal because of invalid mining leases.<\/p>\n
But the judge, Justice Kwaku Ackah Boafo, held that the decision was not grounded in law and violated the principle of natural justice.<\/p>\n
He added that, it was only the court which could revoke mining licenses in such circumstances.<\/p>\n
The judge also questioned how Mr. Amewu could assume the role as an adjudicator, while he was a\u00a0stakeholder in the matter.<\/p>\n
Deputy Attorney General, Godfred Yeboah Dame, who represented the state,had opposed the application describing it as incompetent in form and lacking substance.<\/p>\n
Background<\/strong><\/p>\n Exton Cubic\u00a0after a series of threats in October 2017, filed an application for a review of the decision to revoke the company\u2019s leases to prospect in the Tano Offin Forest Reserve.<\/p>\n 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.<\/p>\n In their suit, the company argued that the Minister\u2019s decision was unreasonable, unjust, and an abuse of his powers.<\/p>\n The company, among others, sought a declaration\u00a0that \u201cthe Minister of Lands and Natural Resources acted ultra vires [beyond] his statutory powers when he revoked Exton Cubic Group Limited mining leases.\u201d<\/p>\n It also contended that, revoking of its license was \u201cbreach of the rules of natural Justice\u201d, and in breach of the company\u2019s \u201crights to administrative justice and property.\u201d<\/p>\n The matter came to public attention when earth moving equipment and vehicles belonging to Exton Cubic\u2019s sub-contractor, Ibrahim Mahama\u2019s Engineers and Planners (E&P), were impounded at Nyinahin, the community where the forest reserve is located.<\/p>\n This was on the orders of the Ashanti Regional Minister following suspicions the mining company was operating illegally.<\/p>\n At the time, Mr. Amewu came out to say that his Ministry had granted Exton Cubic Group Limited an entry permit into the Nyinahin\u00a0bauxite concession.<\/p>\n Why permit was first revoked\u00a0<\/strong><\/p>\n Mr. Amewu had explained that, the directive was issued because the company\u2019s three mining leases were invalid.<\/p>\n The Minister said the company\u2019s 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.<\/p>\n In a letter to Exton Cubic, Mr. Amewu said \u201cthe absence of publications of the Gazette of notice of the pendency of the company\u2019s 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.]\u201d<\/p>\n –<\/p>\n By: Fred Djabanor\/citifmonline.com\/Ghana<\/p>\n","protected":false},"excerpt":{"rendered":" An Accra High Court has quashed the decision by the Minister of Lands and Natural Resources, John Peter Amewu, to revoke the mining lease of mining company, Exton Cubic Group Limited, to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve. According to the court, the Minister, Peter Amewu, exceeded his powers […]<\/p>\n","protected":false},"author":14,"featured_media":399565,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[10,11],"tags":[10384,3,2383,151],"yoast_head":"\n