Exton Cubic's application for compensation dismissed

The Supreme Court has dismissed the case brought against the Kumasi High Court by Exton Cubic challenging the jurisdiction of the High Court in a decision refusing them compensation for the seizure of its mining equipment.

Ibrahim Mahama Exton Cubic's compensation against Kumasi High Court dismissed

A five-Member panel of the apex court justices presided over by Justice Sophia Adenyira dismissed the application

The applicant referred the case to the Supreme Court to seek interpretation regarding article 268 (1) of the 1992 Constitution.

After arguing out their case, the Supreme Court said, article 268 (1) has already been interpreted by the High Court, therefore, it only applied it in its ruling.

The court while dismissing the application also said the applicants if any thing at all should have appealed the case instead of coming to the apex court.

Background

In September 2017, Ashanti Regional Minister, Simon Osei-Mensah ordered the police to seize eight trucks, one caterpillar generating set and two container offices belonging to Engineers and Planners that had been contracted by the Exton Cubic Group for bauxite prospecting in the Tano-Offin Forest Reserve.

During the seizure, the company insisted that it had the legal authorisation from the government to work in the forest reserve.

However, the Minister of Lands and Natural Resources, John Peter Amewu, explained later that the company failed to meet the legal requirements and, therefore, its lease was not valid.

He argued that the failure to obtain environmental and operational permits, as well as the various statutory infractions leading to the purported grant of the three mining leases to the company, rendered the purported leases invalid and of no effect.

Exton Cubic was granted a long lease concession by the Mahama government on December 29, 2016, a few days before it handed over power to the NPP government.

Not satisfied with the development, the company filed an application for certiorari to quash Mr Amewu’s decision to revoke the mining leases to the company on September 4, 2017.

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