Supreme Court rejects High Court decision on Exton Cubic
The Supreme Court explained that Mr John Peter Amewu, the then Natural Resources Minister had the power to revoke the mining licenses granted Exton Cubic to prospect for bauxite.
The court in a unanimous decision ruled that the High Court judge committed an error of law on the face of the record.
The motion filed by the Deputy Attorney General Godfred Dame on behalf of the State was for the highest court to quash the ruling by High Court presided over by Justice Ackaah Boafo, since it could undermine efficient administration of justice.
On February 8, 2019, the High Court ruled that, Mr Amewu had no power to revoke the mining license granted Exton Cubic to prospect for bauxite.
He said 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.”
Mr Dame earlier arguing the application, said the decision of the High Court was in violation of Act 703 section 27(1), saying the act sets out the mandatory procedure for mining rights.
The Court said the Minister was required to exercise his right in the performance of his duty, and the court should not have granted the certiorari, but declared the mining lease as illegal.
Earlier this year, Exton Cubic with Mr Ibrahim Mahama brother of former President Mahama proceeded to the High Court challenging the power of the Minister to revoke three licenses it received, to prospect for bauxite during the tenure of the Mahama-led administration.
The company in part accused the Minister of being arbitrary and asked the court to set aside the decision by the Minister to revoke its mining licenses.