Exton Cubic’s three mining leases invalid – Supreme Court declares
The Supreme Court has declared that the three mining leases held by Exton Cubic Group Limited are invalid.
According to the Apex Court, their decision was based on the firm’s failure to comply with mandatory statutory provisions of the Minerals and Mining Act and article 268 of the Constitution.
The judges also held that the grant of 3 mining leases in favour of Exton Cubic was in violation of the Constitution and section 12 of the Minerals and Mining Act, Act 703.
The Supreme Court’s decision follows a February 8, 2019, ruling by the High Court that, the Lands and Natural Resources Minister, John Peter Amewu, had no power to revoke the mining licenses granted to Exton Cubic to prospect for bauxite.
This led to an ex-parte application at the Apex court by the Attorney General arguing that the lower court’s decision undermines efficient administration of justice.
Exton Cubic’s leases to prospect in the Tano Offin Forest Reserve were challenged in August 2017.
The Ashanti Regional Minister, Simon Osei Mensah, ordered the seizure of their equipment because Exton Cubic was said to be prospecting without a permit at the Nyinahini bauxite concession.
At the time, the mining company maintained that the seizure of vehicles belonging to Ibrahim Mahama’s Engineers and Planners (E&P) was unlawful because it was in possession of three required permits.