The Attorney General has filed a writ at the Supreme Court seeking to quash a decision by the High Court in a case involving mining company Exton Cubic and the state.
An Accra High Court in February quashed a decision by the Minister of Lands and Natural Resources, John Peter Amewu to revoke the mining leases of Exton Cubic.
The writ filed ex-parte (one party application) by the Deputy Attorney General, Godfred Dame says the ruling by the High Court presided over by Justice Ackaah Boafo could undermine efficient administration of justice.
The court presided over by justice Kweku Ackaah-Boafo on February 8 maintained the Minister of Lands and Natural Resources had no power to revoke the mining licenses granted to Exton Cubic to prospect for bauxite.
The judge added that the minister exceeded his powers by assuming the powers of an adjudicator.
The court was of the view that it is only a competent court of jurisdiction that can pass judgment on whether to revoke the licenses or otherwise.
Even though the Deputy Attorney General believes the ruling is partly in the interest of government, he was quick to add that the judge went beyond his original jurisdiction.
He is therefore praying the Supreme Court to intervene and reject the ruling by Justice Ackaah Boafo.
Godfred Dame in his statement of case insists the High Court judge lacked jurisdiction to enforce or protect a right which Exton Cubic did not have.
He said the wrongful assumption of jurisdiction of the court by the judge is also in violation of Act 703.
Clause 5 of Act (703) states Subject to subsections (4) and (5), the Minister on behalf of the President and on the recommendation of the Commission may negotiate, grant, revoke, suspend or renew mineral rights in accordance with this Act.
Based on this argument, Godfred Dame wants the justices of the apex court to nullify the ruling of the High Court.
Read: Mahama’s Exton Cubic wins case against Minister over mining licence
Source: 3news.com | Ghana