Exton Cubic’s mining license invalid – Supreme Court

The Supreme Court has ruled that mining leases granted to Exton Cubic owned by Ibrahim Mahama is invalid, void and of no effect.

The Court also held that the lease granted Exton Cubic did not comply with mandatory statutory provisions of the Minerals and Mining Act and article 268 of the Constitution.

An Accra High Court on May 2018 ruled that then Lands Minister, John Peter Amewu, had no power to revoke the mining licenses granted to Exton Cubic to prospect for bauxite.

The court quashed the Minister’s revocation of the license.

Justice Boafo also ruled the company breached several processes in its acquisition of a mining license, a situation that makes it impossible for Exton Cubic to be deemed to have a “mining right as required by law”.

Deputy Attorney General Godfred Yeboah Dame who believed the ruling was partly in the interest of government, was quick to add that the judge went beyond his original jurisdiction.

He, therefore, issued a writ at the Supreme Court asking that it intervenes and rejects the ruling by Justice Ackah Boafo.

The Five member panel presided over by Justice Julius Ansah in its unanimous decision read by Justice Marful Sau stated that when the High court held that the three mining leases were obtained illegally, the logical thing to do was to refuse the application for certiorari.

The court, therefore, stated that the High Court committed error when it quashed the Minister’s letter which revoked the mining lease.

The Supreme Court declared the three mining leases void and of no effect.

Source: Myjoyonline.com