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By Hafsa Obeng, GNA
Accra, July 10, GNA – The Supreme Court has
July 31 to decide on an application filed by the Attorney General
the judges cancel a decision of a high court in a case between the mining
company, Exton Cubic and the state.
The motion filed ex parte by the MP
Attorney General Godfred Dame declares that the decision of the High Court presided over by
Judge Ackaah Boafo in this case could jeopardize the efficiency of the administration
Justice.
On February 8, 2019, the High Court ruled
Minister of Natural Resources John Peter Amewu did not have the power to dismiss
mining permits granted to Exton Cubic for the exploration of bauxite.
He said that the company had violated several
process of acquiring a mining license, a situation that makes it
impossible for Exton Cubic to be deemed to have a "mining right as required by
law."
Pleadings before the Supreme Court
Wednesday, Mr. Dame said the proceedings of the High Court were in violation
Article 27 (1) of Law 703, stating that the law sets out the compulsory procedure for
mining rights.
He said that the judge's additional decision to grant
cancel the letter written by the minister was a mistake.
He therefore prayed to the Supreme Court of
intervene and annul the decision of the High Court since the court was failing even
jurisdiction to badert or protect a right that Exton Cubic did not have.
He said the mistaken badumption of
the jurisdiction of the court by the judge is also contrary to Law 703.
Mr. Osafo Boabeng, Council of Interested
party, stated that they opposed the application and filed an affidavit
opposition to this effect.
He said that the plaintiff was not able to
be in one of the articles of law 703, for article 27 to be
invoked.
He asked the court to dismiss the
request since no reason for certiorari was examined before the
court, alternately claiming that the question of Bill 268 (1) was pending.
The formation of seven members of the Supreme Court,
chaired by Judge Julius Ansah, then adjourned the case to 31 July,
decision.
Earlier this year, Exton Cubic proceeded to
High Court Challenges Minister's Power to Revoke Three Licenses
he received to prospect for bauxite during the tenure of the Mahama headed
administration.
The company partly accused the Minister of
being arbitrary and asked the court to quash the minister's decision
revoke its mining permits.
The judge who presided in his decision quashed
the letter written by the minister.
GNA
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