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Supreme court dismisses Exton Cubic's review application

The Supreme Court has dismissed an application for Certiorari seeking a review of the apex court's own decision to quash a High Court decision on the revocation of the mining lease of Exton Cubic Company limited.

Exton Cubic's equipment

A five-member panel of the apex court justices presided over by Chief Justice Anin Yeboah said the reasons for dismissing the application would be ready in a week's time.

Justice Julius Ansah, Justice Jones Dotse, Justice Samuel Marfu-Sau and Justice Prof Ashie Kotey together with Justice Anin Yeboah refused the application.

While Justice Yaw Appau and Justice Gabriel Pwamang both granted the application.

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The applicant referred the case to the Supreme Court to seek interpretation regarding article 23 of the 1992 Constitution.

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.

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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.

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

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