Government is likely to release the seized heavy mining equipment belonging to Exton Cubic Company Ltd, this week, a source from the Attorney General’s department has disclosed
The equipment were impounded at Nyinahin, in the Atwima Mponua District of the Ashanti region, under the instruction of Ashanti regional minister, Simon Osei Mensah.
The decision to release the equipment to Exton Cubic Company Ltd has become necessary after an Accra High Court presided by Justice Ackah Boafo on February 8, in a judicial review quashed the decision by the Lands and Natural Resources ministry to revoke the mining license of Exton Cubic Group Limited.
Exton Cubic Group Limited went to court to reverse the revocation of its license by the sector ministry through a judicial review.
” Overall, I am satisfied that the applicant has succeeded in making a case which calls into question the letter authorised by the minister for Lands and natural resources on September 4,2017 and for the letter to be brought into this court to be quashed and it is hereby quashed accordingly,” the judge ruled in his judgment today, Thursday February 8,2017.
Further checks in the Ashanti regional coordinating council has confirmed that the regional minister is aware of the directive and will release the equipment if officially informed by the Attorney General department.
Meanwhile, Starrfmonline.com has gathered that the Kumasi Human Right Court will on Wednesday 21st February 2018 pass its final judgment on the case.
The Ministry in September last year revoked Exton Cubic license on the basis that the multimillion bauxite contract granted by the previous government was invalid.
Arguing the matter before the court, Mr Dame said Exton Cubic Group Limited had no right to come before the court since they had no Mineral rights that the court should protect.
According to Mr Dame, the grant of Mineral rights was not just an event of signing a document, adding it was a process that the law required that the participation of the sector Minister and ratification from Ghana’s Parliament.
He said mineral rights were subject to Parliamentary ratification stressing that “the contract that the applicant was referring to showed that he had no rights at all.”
Mr Dame further argued that after Parliamentary ratification the contract ought to be published in the gazette.
According to him the grant of lease to Exton Cubic Group Limited was not in the handing over notes to the Transitional team as required under the Transitional Act.
Mr Dame contended that the mining lease purported to have been offered to Exton Cubic Group was not valid because the necessary procedures were not followed under the law.
Source:Starrfmonline.com