An Accra High Court presided by Justice Ackah Boafo has in a judicial review quashed the decision by the lands and natural resources ministry to revoke the mining license of Exton Cubic Group Limited, owned by Ibrahim Mahama.
Exton Cubic Group Limited went to court to reverse the revocation of its license by the sector ministry through a judicial review.
” Overall, I am satisfied that the applicant has succeeded in making a case which calls into question the letter authorised by the minister for Lands and natural resources on September 4,2017 and for the letter to be brought into this court to be quashed and it is hereby quashed accordingly,” the judge ruled in his judgment today, Thursday February 8,2017.
On the application filed at the High Court, lawyers for Exton Cubic argued that the leases granted the company “can only be validly revoked on the grounds statutorily provided for, in accordance with due process and in the manner contractually agreed upon.”
Background
The Ministry in September last year revoked Exton Cubic license on the basis that the multimillion bauxite contract granted by the previous government was invalid.
Arguing the matter before the court, Mr Dame said Exton Cubic Group Limited had no right to come before the court since they had no Mineral rights that the court should protect.
According to Mr Dame, the grant of Mineral rights was not just an event of signing a document, adding it was a process that the law required that the participation of the sector Minister and ratification from Ghana’s Parliament.
He said mineral rights were subject to Parliamentary ratification stressing that “the contract that the applicant was referring to showed that he had no rights at all.”
Mr Dame further argued that after Parliamentary ratification the contract ought to be published in the gazette.
According to him the grant of lease to Exton Cubic Group Limited was not in the handing over notes to the Transitional team as required under the Transitional Act.
Mr Dame contended that the mining lease purported to have been offered to Exton Cubic Group was not valid because the necessary procedures were not followed under the law.
Source: Ghana/Starrfmonline.com/103.5FM
