The Supreme Court has dismissed a review application challenging its decision to declare as invalid three mining leases granted to Exton Cubic Group, a company belonging to businessman, Mr Ibrahim Mahama.
In a 5-2 majority decision, the court presided over by the Chief Justice, Justice Anin Yeboah dismissed the application filed by Exton Cubic.
It, however, explained that the reasons for its decision would be filed at the court’s registry.
The Justices for the majority were Justices Yeboah, Julius Ansah, Jones Dotse, Samuel K Marful – Sau and Professor Nii Ashie- Kotey.
Justices Gabriel Pwamang and Yaw Appau dissented.
Non-existing right
In June last year, a five-member panel of the Apex Court unanimously declared the leases as invalid because it was not ratified by Parliament and, therefore, Exton Cubic had a non-existing right to those leases.
It accordingly quashed the decision of the High Court which, according to the apex court, was shielding a non-existent right.
The court also held that the High Court committed an error when it quashed a letter from the Minister of Lands and Natural Resources which revoked the mining lease.
Review
Not satisfied with the decision, Exton Cubic filed for review.
Moving the application Tuesday morning [January 14, 2030] counsel for Exton Cubic, Mr Osafo Buabeng, argued that the Supreme Court committed an error of law by enforcing the constitution in a matter which had to to with its supervisory jurisdiction and not original jurisdiction.
In its response, a Deputy Attorney-General (A-G), Mr Godfred Yeboah Dame, urged the court to dismiss the review application.
He submitted that the review application was a rehash of the submission Exton Cubic presented in the original case before the apex court.
The Exton Cubic story
Exton Cubic Group Limited was granted a long lease concession by the immediate past NDC government on December 29, 2016, a few days for the government 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 in the Ashanti Region with the intent to start exploratory activities but was stopped by both the district and regional authorities after agitations by the youth in the area.
Mr Amewu the then Minister of Lands and Natural Resources, on September 20, 2017, wrote a letter to the company revoking the mining leases.
Dissatisfied with the revocation, Exton Cubic applied to the High Court to have the decision quashed.
The High Court obliged but the state contested it leading to the Supreme Court’s decision in June 2019.
