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General News of Wednesday, January 23, 2019
Source: dailyguideafrica.com
2019-01-23
Ibrahim Mahama
The hopes of Exton Cubic Limited, the company linked to Ibrahim Mahama, younger brother of former president John Dramani Mahama, to obtain compensation from the government for the cancellation of the company's bauxite concession, worth millions of dollars. dollars, were wiped out.
This follows the rejection of an application filed in the Supreme Court by Exton Cubic, which challenged the jurisdiction of a Kumasi Human Rights Tribunal, affirming the government's position that the concession was illegally acquired.
The controversial deal was granted to the company headed by Ibrahim by President Mahama, who had lost the 2016 elections and was about to leave his post. The New Patriotic Party (NPP) government insisted that Exton Cubic had "illegally" acquired the mining lease in order to gain access to the bauxite mining concession.
It is interesting to note that this is the same concession granted to Exton Cubic by the Mahama administration that the NPP government is using in the $ 2 billion barter agreement with Sinohydro Corporation of China .
The government of nuclear power plants said it was using the $ 2 billion to transform the country's infrastructure, especially in the area of roads, many high-clbad roads, including two-lane highways and viaducts, will be built throughout Ghana.
The main board of the company, Osafo Buabeng, yesterday told the Supreme Court that the Kumasi court did not have jurisdiction to interpret Article 268, paragraph 1, of the 1992 Constitution, according to which he had rejected his claim for compensation.
He stated that the court should "suspend" its proceedings and refer the interpretation of this article to the Supreme Court before it continues to investigate the case.
He therefore concluded that the Kumasi Court had arrogated the jurisdiction of the Supreme Court, interpreted that article and rendered judgment against Exton Cubic Limited.
Deputy Attorney General Godfred Yeboah Dame objected, claiming that the Supreme Court had already interpreted the article and that the court had therefore not erred in its judgment.
The five-member panel presided over by Judge Sophia S.O. Adinyira rejected Exton Cubic's application because the article had already been interpreted by the Supreme Court.
She added that the High Court had simply applied the interpretation of the article on which it was based.
She added that if the company was not satisfied with the judgment of the court of first instance, she could have simply appealed the decision instead of appealing to the Supreme Court to challenge the jurisdiction of the Kumasi court.
Genesis
In June of last year, the Kumasi 2 Human Rights Court prevented Exton Cubic Group Limited from claiming compensation from the government for the confiscation of equipment entrusted to Engineers and Planners (E & C). P), a private company also owned by Ibrahim Mahama.
The confiscation of the equipment involved Exton Cubic's attempt to exploit bauxite in Nyinahini Forest, in the Atwima Mponua district, in the Ashanti region.
Mineral right
The court held that, to the extent that the company did not have a valid mining right, any attempt to mine would be tantamount to engaging in illegal mining activities, also known as "galamsey", and should not be sanctioned.
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.
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