‘Exton Cubic mining leases invalid’

The Supreme Court has declared the three mining leases granted to Exton Cubic Group, a company belonging to businessman, Mr Ibrahim Mahama, as invalid.

In a unanimous decision, the court held that the mining leases granted the company were invalid, void and of no effect, whatsoever.

It accordingly quashed the decision of the High Court which, according to the apex court, was shielding a non-existent right.

The court said once the High Court found that the three mining leases were obtained illegally, the logical thing for the High Court to have done was to refuse the application for certiorari.

The court also held that the High Court committed an error when it quashed a letter from the Minister of Lands and Natural Resources which revoked the mining lease.

It exercised its jurisdiction in accordance with article 132 of the 1992 Constitution and section 5 of the Courts Act, 1993 (Act 459).

Article 132 of the 1992 Constitution provides that: “the Supreme Court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions, including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory power.”

Section 5 of Act 459 states that: “the Supreme Court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions including orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto for the purpose of enforcing or securing the enforcement of its supervisory power.”

Mr Justice Julius Ansah presided over the case with Messrs Jones Dotse, Anin Yeboah, Samuel Marful-Sau and Prof. Nii Ashie Kotey as panel members.

High Court

The Accra High Court on February 8, 2018, quashed the decision of the Minister of Lands and Natural Resource, Mr John Peter Amewu, to revoke the mining lease granted to Exton Cubic to explore bauxite at Nyinahin in the Ashanti Region.

According to the court, presided over by Mr Justice Kweku T. Ackah Boafo, the minister acted unreasonably, unfairly and in a capricious manner when he revoked the mineral leases.

The minister, the court held, should have given Exton Cubic the opportunity to be heard before revoking the leases.

“The first respondent (Minister) failed to give hearing to the applicant (Exton) which is a breach of natural justice,” the presiding judge said.

The ruling by the court followed an application for certiorari filed by Exton Cubic seeking the court to quash the decision of Mr Amewu to revoke the mining leases on September 4, 2017.

Exton Cubic Group Limited was granted a long lease concession by the immediate past NDC government on December 29, 2016, a few days for the government to hand over power to the new government after its defeat at the polls.

Agitation

The company moved heavy-duty machines into the forest near Nyinahin with the intent to start exploratory activities but was stopped by both the district and regional authorities after agitations by the youth in the area.

Mr Amewu, on September 20, 2017, wrote a letter to the company revoking the mining leases.

Dissatisfied with the revocation, Exton Cubic applied to the High Court to have the decision quashed.

The High Court obliged but the state contested it leading to the Supreme Court’s decision yesterday.

Writer’s email: mabel.baneseh@graphic.com.gh.