Home News Exton Cubic Review Application thrown out

Exton Cubic Review Application thrown out

Ghana Supreme Court
Ghana Supreme Court

The Supreme Court on Tuesday threw out a review application filed by Ibrahim Mahama, brother of former President John Dramani Mahama challenging its decision in respect of a mining lease granted to his company, Exton Cubic Company Limited.

The apex court of the land slated next week to deliver its reasons for dismissing the application.

The 5-2 decision, was presided over by the Chief Justice, Justice Kwesi Anin Yeboah.

Last year, the Supreme Court unanimously declared that the leases offered to Exton Cubic was invalid because it had not been ratified by Parliament.

It, therefore, quashed the decision of the High Court.

The SC explained that the High Court erred when it quashed the letter from the Minister of Land and Natural Resources which revoked the lease.

A review application was therefore filed challenging the decision of the SC.

Arguing for the review application, Mr. Osafo Buabeng held that there was procedural impropriety which did not concern the merit of the Sector Minister.

According to Mr Buabeng, the matter has to do with whether the Minister complied with Section 68 of Act 703 of the Mining Act.

He held further that the SC committed an error of law by enforcing the constitution in a matter which had to do with its supervisory jurisdiction and not its original jurisdiction.

Mr Godfred Yeboah–Dame, the Deputy Attorney General who opposed the application, said it was unmeritorious because rule 54 of the Supreme Court states two grounds for review.

The Deputy AG said the application for review was a mere rehash made in opposition to the state’s application.

According to him, the review application makes no new arguments adding that the only way one could invoke the review application is when one had demonstrated that an error had resulted in a substantial miscarriage of justice.

On December 29, 2016, Exton Cubic led by Ibrahim Mahama brother of the National Democratic Congress flagbearer, Mr John Mahama was granted a long lease by the then government to mine for bauxite at Nyinahin which has large deposits of the mineral.

Exton Cubic in 2017 therefore moved its machines and equipment to explore the forest near Nyinahin in the Ashanti Region for the purpose of mining for bauxite.

The youth at Nyinahini opposed to the said exploration by Exton Cubic and the then sector Minister revoked the Mining lease of the company upon the realization that due process was not followed by the company for the acquisition of the lease.

The company then proceeded to the High Court over the revocation of the mining lease of which the state however opposed it but the matter ended up at the Supreme Court.

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