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07.08.2019 Feature Article

Pardon me, Kevin Taylor, Akufo-Addo didn’t arbitrarily take Exton Cubic’s leases, the court did!

Kevin Taylor
LISTEN AUG 7, 2019

Pardon me, Kevin Taylor, Akufo-Addo didn’t arbitrarily take Exton Cubic’s leases, the court did!

I have read, heard, and watched a multitude of effervescent social media commentators immersed in a gamut of emotions over the competent court of jurisdiction’s rational decision that the granting of ‘3 mining leases in favour of Exton Cubic was in breach of the Constitution and section 12 of the Minerals and Mining Act, Act 703’

In fact, at worst, it is intellectually incoherent and preposterous for any trained-mind to assert somewhat fallaciously that it was rather Akufo-Addo, who without recourse to the law, capriciously prevented Exton Cubic from mining Ghana’s bauxite.

Well, if the seemingly ubiquitous, albeit uninitiated social media commentators care to know, more recently, the Supreme Court of Ghana, pointed out that the three mining leases, previously held by Exton Cubic Group Limited are invalid (see: the newcrusadingguideonline.com/ghanaweb.com, 02/08/2019).

If we stroll down memory lane, the Exton Cubic’s alleged permit to undertake prospecting in the Nyinahini Forest Reserve was contested in somewhere August 2017 by the then Lands and Natural Resources Minister, Mr John-Peter Amewu.

If you would recall, the Ashanti Regional Minister, Simon Osei Mensah, seized the equipment belonging to Exton Cubic, as Exton Cubic was alleged to be blissfully prospecting without a valid documentation at the Nyinahini bauxite concession.

Subsequently, the multi-billion cedi bauxite concession granted to Exton Cubic was revoked in September 2017 after the former Natural Resources Minister, John Peter Amewu, had contested vehemently that the contract to Exton Cubic was invalid.

Mr Amewu argued poignantly that Exton Cubic did not have the necessary documentation to undertake mining (dailyguideafrica.com, 24/11/2017).”

Suffice it to stress that back then, the hierarchy of the Exton Cubic argued forcefully that the revocation of licenses and the confiscation of mining equipment were nothing but capricious, vexatious, and incommodious, as Exton Cubic was in possession of three required permits.

As it was expected, the leadership of Exton Cubic took the matter to the High Court of Ghana, and, on February 8, 2018, the High Court ruled that, the erstwhile Lands and Natural Resources Minister, John Peter Amewu, did not have power to revoke the mining licenses granted to Exton Cubic to prospect for bauxite.

Subsequently, the Attorney General, acting on behalf of the Ministry of Lands and Natural Resources, submitted an ex-parte application to the Apex court, contending that ‘the lower court’s decision ‘undermines efficient administration of justice’.

The worthy minds of the Supreme Court of Ghana nonetheless made it clear that their verdict was predicated on the fact that the Exton Cubic knowingly or unknowingly failed to comply with mandatory provisions of the Minerals and Mining Act and article 268 of the Constitution of Ghana.

The eminent Supreme Court Judges, however, maintained that the granting of ‘3 mining leases in favour of Exton Cubic was in breach of the Constitution and section 12 of the Minerals and Mining Act, Act 703’.

Note however that, “every mineral in its natural state in, under or upon land in Ghana, rivers, streams, water-courses throughout the country, the exclusive economic zone and an area covered by the territorial sea or continental shelf is the property of the Republic and is vested in the President in trust for the people of Ghana” (Minerals Act 2006).

The credit must, however, be given to discerning Ghanaians for rightly voting out the ambivalent Mahama’s government during the 7th December 2016 election and instead reposing absolute trust in the NPP government.

Let us, therefore, be true to ourselves, we cannot and must not allow individuals to roam carelessly on the corridors of power and take over Ghana’s scarce resources to the detriment of the poor and the disadvantaged Ghanaians.

Given the circumstances, I will earnestly venture to stress that in order for our governance system to be fair and equitable, all political appointments and contracts offers must be based on merits, but not through vague coloration, nepotism and cronyism.

Undoubtedly, we need a true leadership with vision and ideas, altruistic leadership devoid of corruption, greed, Incompetence and capable of transforming us into an industrialized and robust economy.

K. Badu, UK.
[email protected]

Kwaku Badu
Kwaku Badu, © 2019

The author has 870 publications published on Modern Ghana. Column Page: KwakuBadu

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