An Accra High Court presided over by Justice Kweku Tawiah Ackaah-Boafo, will today deliver judgement on an application for judicial review filed by Ibrahim Mahama invoking its jurisdiction to stop government from revoking his mining lease license.
Lawyers of Mr Mahama, owner of Cubic Exton Group Limited-, a mining company exploring bauxite at Nyinahin in the Ashanti Region filed the application for the court to revoke the Lands and Natural Resources Minister’s order.
The application was moved in November last year. Mr Osafo Buabeng represents the applicant, while the Deputy Attorney General and Minister for Justice, Godfred Yeboah Dame represents the State.
The court reserved its ruling for Thursday, November 7, 2018.
The applicant through his lawyers held that the revocation of the mining lease granted him by the previous government was valid contrary to claims by the current administration that it was invalid.
According to Mr Dame, the statutory processes leading to the granting of the concessionary approval was not properly followed and all happened when the previous minister and the then government had been voted out of office.
Minister revokes license
The bauxite concession granted to Cubic Exton Group Limited was revoked by the current Minister of Lands and Natural Resources, John Peter Amewu after he had contended that the contract to Exton Cubic was invalid.
Exton Cubic Group Limited, he said, could not meet all the legal requirements to prospect for bauxite at Nyinahin in the Tano-Offin Forest Reserve; and that the lease could not hold, hence the decision to cancel the earlier directive for it to move to the Nyinahin forest for the mining of bauxite.
Mr Amewu, following a meeting with the Attorney General, made the u-turn and revoked the mining license granted Exton Cubic.
“The company was supposed to provide an Exploration Operating Permit for the year 2017, an Exploration Operating Plan to the Minerals Commission. None of the above was fulfilled.â€
Attorney General’s argument
In their supplementary affidavit before the court, the state submitted that the instant application violates Article 88(5) of the 1992 Constitution, and to this extent, same is incompetent.
“That I further submit that in so far as the applicant relies on the Minerals and Mining Act, 2006 (Act 703) and asserts the acquisition of a mineral right, the institution of the instant action violates the express mandatory provisions in Section 27 of Act 703.â€
The Attorney General’s Department is, therefore, praying the court to dismiss Ibrahim Mahama’s application since the complex question of fact raised for determination of the application showed that the applicant’s reliefs could not be determined through a judicial review motion.