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In a unanimous decision, the Supreme Court dismissed a case filed by mining company Exton Cubic seeking to overturn a decision of the High Court refusing compensation from the company.
Exton Cubic, owned by Ibrahim Mahama, brother of former president John Mahama, has sought compensation from a Kumasi high court after his rented equipment was confiscated for weeks by regional minister Ashanti.
This concerned Exton Cubic's attempt to extract bauxite from Nyinahini Forest, in the Atwima Mponua district, in the Ashanti region.
The court held that, to the extent that the corporation did not have a valid mining right, any attempt to mine would be tantamount to illegal mining, also knowngalamsey"Who can not to be filled.
The judge explained that the lease granted to the company had not obtained the approval of Parliament.
Exton Cubic had sued the Attorney General, Ashanti Regional Minister and Atwima Mponua District Director General for violating the company 's rights by illegally holding mining equipment.
In its remedies, the company had asked the court, inter alia, to order the government to pay more than GH ¢ 51,000 per day multiplied by the number of days the defendants had kept all the material in their custody.
The confiscated equipment included, among other things, heavy machinery and trucks used for mining.
Unsatisfied with the decision of the High Court, the company went to the Supreme Court to say that the judge had exceeded his jurisdiction by interpreting a constitutional provision (section 268 (1)).
the five members A panel of the Supreme Court composed of Judges Adinyira, Anin Yeboah, Gbadegbe, Marful Sau and Professor Kotei said Tuesday that the case was unfounded.
Judge Adinyira explained that the Supreme Court had already interpreted the provision as meaning that such licenses had to be ratified by Parliament.
She added that the Supreme Court was aware of a pending appeal to a lower court on the same subject.
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