The Exton Cubic Group Limited, in a petition to the Attorney General and Minister of Justice, has threatened to sue government over the seizure of equipment belonging to its subcontractors.
In a petition cited by ClassFMOnline on Friday, August 25, lawyers representing the company said: “In the light of the foregoing, our client has instructed us to serve you notice of its intention to institute legal proceedings against the state as a result of the wrongful interference by state officials with our client’s right to prospect on its concession and also a breach of its right to administrative justice…”
The counsel for the company explained that per the contractual arrangement with Engineers and Planners, the cost per day for the total equipment, consisting of eight trucks, one caterpillar generator and two container offices in police custody is GHS 61, 615.00, and Exton Cubic has incurred a cost of GHS 308, 074.00 so far since the seizure.
They are therefore requesting the release of the equipment “to avoid compounding the present situation”.
Meanwhile, the Ashanti Regional Minister, Simon Osei-Mensah, has said his decision to seize the equipment was to prevent Exton Cubic from mining bauxite at the Tano-Offin Forest Reserve in the Atwima Mponua District, and is in the interest of the country.
Mr Osei-Mensah seized the equipment and logistics hired by the company for its operations, and has vowed not to release the equipment until the company produces documents to show they have been licensed to mine in the region. The equipment belong to Engineers and Planners Co. Ltd, a company owned by Ibrahim Mahama, brother of former President John Dramani Mahama.
Some critics have argued Mr Osei-Mensah has taken an entrenched position to witch-hunt the brother of the former president, but the Minister insists his stance is not political.
In a related development, the Ministry of Lands and Natural Resources has said that Exton Cubic Group Limited is not permitted to undertake any mining prospection activity at the Nyinahini bauxite concession in the Ashanti Region.
“They (Exton Cubic Group Limited) don’t have the operating license that will permit them to be there to undertake any activity. Activities which includes whether prospecting or whatever,” Deputy Lands and Natural Resources Minister, Benito Owusu Bio, explained in an interview with Moro Awudu on Class FM’s Executive Breakfast Show on Thursday, August 24.
Clarifying earlier information that the Minister of Lands and Natural Resources, Peter Amewu, has said that Exton Cubic Group Limited has documents for acquisition of the concession and government approval, Mr Bio argued that, “What he (Mr Amewu) said was that as far as he was concerned, they have a mining lease. He never said that they have fulfilled every obligation.”
Chief Executive Officer (CEO) of the Minerals Commission, Kwaku Addae Antwi-Boasiako, in a letter dated August 23, said the mining lease given to the company was dependent on certain conditionalities which have not been met.
Hence “they are directed to stop any attempt of entering the concession to undertake any mining operation”.
Exton Cubic Group Limited has said that they have a permit to do prospecting – which they are currently doing – and not engaged in mining on the concession.
But Mr Bio said prospecting also requires an operation licence which the company has not acquired.
“They are not telling you what it is because even with prospecting you still need an operating licence. Do you know even the small-scale miners in our locality hold operating licences which is renewed annually? Without that you cannot mine or do anything regarding mining. So let’s ask them, do they have that?
“They have not fulfilled the necessary conditions that will allow them to do whatever they intend doing at Nyinahini and based on that they don’t have any right to enter there.
“Exton Cubic was given a mining lease by the erstwhile government and that mining lease has conditions attached to it which they were supposed to fulfill before they go there to do anything. Currently speaking, Exton Cubic does not have a mining operative licence. Secondly, Exton Cubic does not have a valid EPA licence. Thirdly, Exton Cubic has never done any community engagement with the community involved,” he stated.
Source: Ghana/AccraFM.com
