Exton Cubic Welcomes High Court Ruling on Withdrawal of License
The Legal team for Exton Cubic Limited has described the verdict by the Accra Circuit Court overturning Lands Minister Peter Amewu’s decision to revoke the company’s mining license as satisfactory.
Godwin Edudzi Tamakloe, a member of the company’s legal team told Citi News the judgement validates the company, adding that business will go back to normal.
“If a decision is taken to invalidate a lease and the court says that, that invalidation is set aside or quashed, it means that we are back to the status quo,” he said.
According to Godwin Edudzi Tamakloe, the decision taken by Lands Minister Peter Amewu to withdraw their prospecting license has been rendered void by the court, meaning the company can resume work.
“The decision taken by the honourable minister as captured in the letter of 4th September stands quashed that what it means, that letter communicated a certain invalidation, so if that invalidation is set aside, then it means that we are back to where we were,” he said.
An Accra High Court quashed the decision by the Minister of Lands and Natural Resources, John Peter Amewu, to revoke the lease of Exton Cubic Group Limited, to prospect in the Nyinahini bauxite concession of the Tano Offin Forest Reserve.
According to the court, the Minister exceeded his powers by withdrawing the license of the mining company, which has affiliations with Ibrahim Mahama’s Engineers and Planners (E&P).
Background
Exton Cubic, after a series of threats in October 2017, filed an application for a review of the decision to revoke the company’s leases to prospect in the Tano Offin Forest Reserve.
The company had also complained that it was being targeted by the government for political reasons, due to Ibrahim Mahama’s relations with former President Mahama.
In their suit, the company argued that the Minister’s decision was unreasonable, unjust, and an abuse of his powers.
The company, among others, sought a declaration that “the Minister of Lands and Natural Resources acted ultra vires [beyond] his statutory powers when he revoked Exton Cubic Group Limited mining leases.”
It also contended that revoking of its license was “breach of the rules of natural Justice”, and in breach of the company’s “rights to administrative justice and property.”
The matter came to public attention when earth moving equipment and vehicles belonging to Exton Cubic’s sub-contractor, Ibrahim Mahama’s Engineers and Planners (E&P), were impounded at Nyinahin, the community where the forest reserve is located.
This was on the orders of the Ashanti Regional Minister following suspicions the mining company was operating illegally.
At the time, Mr Amewu came out to say that his Ministry had granted Exton Cubic Group Limited an entry permit into the Nyinahin bauxite concession.
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