HANSOL Mining Wins Court Case Against Ghana Government

The court 'D' division of the Sekondi Commercial High Court yesterday (12th september) granted an application for interlocutory injunction to the Hansol group of Companies restraining the state from further interfering in its operations in the Western Region until the matter before it is finally so determined.

The application followed the company's quest to seek justice for what they described as government's illegal and unfair attacks on their operations.

The legal team for the Companies led by the famous and seasoned journalist and counsel- Egbert Fabille Jnr specifically cited the Attorney General and Minister of Justice, Inspector General of Police (IGP) Chief of defense staff (CDS) of the Ghana Armed Forces, and Victor Samuel Meisu, chief executive of the Wassa Amenfi district Assembly as defendants whose actions through the inter-ministerial task force set up by President John Dramani Mahama, caused them huge damages running into millions of dollars.

In the original suit, described by most legal pundits as a test case for government as far as the work of the inter-ministerial task force is concerned, the plaintiffs are praying the court to grant them their relief by way of special costs, damages and compensation to property destroyed, following attacks on its operations by the presidential task force.

Delivering his ruling on the plaintiff's application for an interlocutory injunction, the presiding vacation judge, his lordship justice Kofi Akrowuah, said the court had no genuine grounds to refuse the application, since the Company has proven to the court that it has a legitimate contract with the state to prospect for gold and that the license is neither expired nor been revoked.

He further stated that there was therefore no justification for the forceful entry and its accompanying violence perpetuated by the task force at the company's site, explaining that such attacks has negative publicity for the state in its quest to encourage investments and job creation from the private sector and subsequently dismissed the AG's opposition to the application

He described the actions of the task force as violent and without merit saying such actions cannot be countenanced under the country's current democratic dispensation.

Justice Akrowuah therefore ruled that the state and its agents, servants or hirelings are restrained henceforth from interfering in the company's operations, until final determination of the matter pending before the court.

He further explained that state agencies have a role in monitoring such activities but should do so upon prior notice to the concession owners or use the appropriate processes stipulated in the contract agreement.

A company official present at the court told the media that a recent inspection conducted on some of its ceased equipment in the custody of the task force at the premises of the Asankragua Chief Executive revealed that, some vital parts have been removed costing millions of Ghana cedis, thus rendering them nonfunctional.

He further alleged some of the said equipment has been rented out to unknown individuals and companies in the region, adding that fresh action will be initiated in court to retrieve the cost of the missing parts as well as wear and tear resulting from the unlawful use of the equipment.

Explaining their actions, Public Relations Officer of the Company Edward Kwasi Akuoko said it took their legal team and management more than 3 months of painstaking investigations and due diligence to convince itself that it has cause to initiate legal action against the state, and that it is determined to do, to secure justice.

It would be recalled during the attacks in June this year that,a strong and passionate appeal was made by the Company to the president through its PR officer at a press conference held in Accra, to intervene and halt what they described as unfair, inhuman and politically motivated attacks suspected to have been spearheaded by the National Security Coordinator, Col Larry Gbevlo Lartey, Minister of Environment Dr.Oteng Adjei, and the DCE for Asankragua, Victor Samuel Meisu, but to no avail.

Government in response maintained a consistent position saying the Company's activities were illegal and that the attacks were justifiably authorized.

After securing the restraining order, Mr Akuoko said they will soon remobilize back to site to continue their operations which was at the prospecting stage.

Commenting on the ruling itself, Mr Akuoko described it as a huge relief adding that they can now work without fear of further attacks.

He stated that the actions of government did not only bring about direct job losses to its over 600 workforce at the Akonta Mine prospecting project alone, but a huge financial loss to the company and state by way of revenue and direct taxes respectively.

He, however, expressed disappointment at the cost of one thousand Ghana cedis awarded against the state, saying it is not a fair representation of the actual cost incurred by the company on the court processes.