GHACEM, Manya Krobos in legal tussle over limestone deposits

Ghacem Limited has sued the Manya Krobo Traditional Council (MKTC) in what it describes as an interference in its concession of the limestone deposits in the area.

The suit, which was filed at the Koforidua High Court, has Nene Agbau Narh III, Divisional Chief of Djebiam, and five others as defendants.

The plaintiff is seeking among other things, an order of injunction to restrain the defendants from interfering with the concession. 

It is also demanding a declaration that the mining activities of Lawatt Quarries constitute a trespass on its concession.

The disagreement took root from a meeting held on September 24, 2014 and attended by representatives of stakeholders including the Lower Manya Krobo Municipal Assembly and youth groups. 

During the meeting, Nene Agbau Narh, then acting as the President of the council, ordered Ghacem to halt its operation in the areas not covered under a memorandum of understanding (MoU) said to have been signed some time ago.

Minerals Commission

Subsequent to that, the council, in a letter dated September 17, 2014, conveyed to the Minerals Commission its decision about ordering the plaintiff to cease operations until further notice in areas such as Popotia, Yokuhe, Yonguase and Ponpong.

The letter indicated among other things that Ghacem’s operation in those areas was illegal because both the Lower Manya Krobo Municipal Assembly and the traditional council objected to the issuance of reconnaissance licence to Ghacem by the Minerals Commission as indicated in a letter dated October 15, 2010.

According to the said letter, the objection was to prevent Ghacem’s virtual monopoly over the large stretch of limestone deposit in the area.

While Ghacem is contending to have secured the approval of the council for the issuance of the licence, the council insists that it only consented to that of Yokuhe and not all the areas mentioned, part of which do not even fall within its jurisdiction but in the Yilo Krobo area.

Manya Krobo assembly

It further argued that since the Lower Manya Krobo Municipal Assembly also objected to Ghacem’s application for the licence, it couldn’t have  single-handedly sanctioned the application and given the Minerals Commission the green light to grant Ghacem the licence. 

When contacted, Nene Agbau Narh preferred to remain silent until the determination of the case. Ghacem also declined commenting on the issue.

In a related development, a youth and advocacy group in the area, Kloma Gbi, has expressed shock at Ghacem’s decision  to  initiate a court action against the traditional rulers of the community within which it derives it raw materials.

Mr Philip Tetteh Padi, a spokesperson of the group, said “although it is Ghacem’s legal right to initiate any such action when aggrieved, it would have been prudent exploring other alternatives to solving the issue”.

He declined to comment on the substantive issue except to say that as youth of the area, they were prepared to rally behind their chiefs.

Ghacem has been mining limestone in the area for the past 10 years following the inauguration of the quarry at Odugblase in 2004 by  former President John Agyekum Kufuor.