Exton Cubic Review Application thrown out

By
Joyce Danso, GNA

Accra, Jan. 14, GNA –
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.

GNA

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