Ibrahim Mahama Floors A-G As Court Quashes Mineral Lease Revocation

An Accra High Court has quashed the decision by John Peter Amewu, the Minister of Lands and Natural Resources to revok the mining lease of Exton Cubic Group Limited in the Nyinahini bauxite concession of the Tano-Offin Forest Reserve.

According to the court, the Minister, exceeded his powers by withdrawing the mining licenses granted the company, suspected to be affiliated to Ibrahim Mahama’s Engineers and Planners (E&P).

The judge, Justice Kwaku T. Ackah Boafo, in a ruling, held that the decision was not grounded in law and violated the principle of natural justice.

The court opined that the Minister had acted unreasonably, unfairly and in a capricious manner.

He argued that the applicant, Exton Cubic Group Limited, ought to have been given a hearing before the Minister’s decision to revoke the mining leases.

The judge said the court was not convinced that Amewu gave the company a hearing before taking the decision, a requirement he said was fundamental in the 1992 constitution of the country.

He noted that the Minister assumed the role as an adjudicator, although he sought to protect a national asset indicating that Amewu acted exceeding his jurisdiction.

“The Minister could not have invalidated the leases with the stroke of his pen, his decision is flawed” Justice Ackah-Boafo, stated.

In the view of the court the Minister was also not clothed with the authority to determine whether or not the contract was legal.

He said the court was unable to tell the law the Minister based his decision on or the source of his power stressing that due process must be adhered to.

Justice Ackah-Boafo, noted that decisions of public servants are not immune to judicial review if same infringed on the rights of the citizens.

The court also overruled Godfred Yeboah Dame’s, the Deputy Attorney-General’s (A-G) arguments that the company should have sued the AG instead of the minister.

On that the high court judge contended that “the objection is misconceived” and that naming the minister was the way to go and not the A-G.

He explained that when a public officer is alleged to have exceeded his limits, it is the minister who is sued and not the A-G.

The court however stated that the company has no mining rights and did not grant the other reliefs sought by the applicants.

Yeboah Dame had opposed the application arguing that there was no proper respondent to the application because the respondent has no capacity to sue or be sued.

He had also said the application should be dismissed because it was laden with misinterpretation of the facts.

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

The company led by Ibrahim Mahama brother of former President John Mahama was controversially granted a long lease concession by the previous government on December 29, 2016 a few days for it to hand over power to the new government after its defeat at the polls.

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

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

By: Jeffrey De-Graft Johnson/ thePublisher