Exton Cubic Compensation case Against Gov’t Still Pending

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The Supreme Court onTuesday directed the management of the mining company; Exton Cubic, to focus on an appeal it has filed against a judgment given by a Kumasi High Courtfor compensation, following the confiscation of its mining equipment by the Ashanti Regional Minister,Simon Osei Mensah.

The apex court, therefore, dismissed an application filed by lawyers of the company led by OsafoBuabeng, which said that the Kumasi High Court, had overstepped its jurisdiction by interpreting Article 268 Clause 1 of the 1992 Constitution.

The Supreme Court, agreed with the Deputy Attorney General,GodfredYeboah Dame that the article had already been interpreted by the apex court, hence the High Court did nothing wrong.

Exton Cubic had earlier filed an application for judicial review against the decision of the Human Rights Court in Kumasi presided over by his Lordship Justice Akrofi, and the Supreme Court on Tuesday asked the company to rather pursue the appeal process against the High Court decision on the unfair seizure of its expensive heavy-duty mining equipment in the Court of Appeal.

Exton Cubic is asking the Court of Appeal to among others things, order the government to pay in excess of GH¢51,000 per day times the number of days the defendants kept all the equipment in their custody.

The equipment confiscated included heavy-duty machines and trucks used for mining, among others.

The company had proceeded to the Supreme Court saying the Judge, Justice Akrofi had exceeded his jurisdiction by interpreting a constitutional provision (Article 268 (1).

But before going to the Supreme Court, the company had filed an appeal against the Justice Akrofi’s decision, however, the five-member panelpresided over by Justice Sophia S.O. Adinyira with Justices AninYeboah, SuleGbadebge, Samuel Marful-Sau and Prof. NiiAshieKotey by a unanimous decision said the article had already been interpreted and dismiss the application.

Tuesday’s ruling by the Supreme Court, had nothing to do with the substantive matter of the concession at Nyinahini in the Ashanti Region and mining leases held by Exton Cubic.

It will be recalled that a High Court in Accra in 2018 affirmed Exton Cubic lease and declared the government revocation of the lease was wrong and illegal, and accordingly quashed the decision of the Lands and Natural Resources Minister, John Peter Amewuto revoke the mining leases of Exton Cubic.

Emboldened by the affirmation of its lease on February 8, 2018, Exton Cubic, last year, filed a suit against the Attorney-General in the Kumasi High Court seeking compensation over the wrongful seizure  and detention of the its equipmentwhich were on their way to Nyinahini, but the Kumasi High Court in June last year, dismissed the case.

Exton Cubic subsequently went to the Supreme Court arguing that the High Court in Kumasi had no power to make some constitutional declarations in its ruling dated June 2018, hence the Supreme Court should, quash the decision.

However, the Supreme Court after enquiring from the lawyers of Exton Cubic whether they had filed an appeal against the Kumasi High Court’s decision on compensation, directed the company to focus the appealprocess. It went ahead to dismissed the application saying the Supreme Court will look at the facts on the demand for compensation when it is bought before it.

Meanwhile the lawyers of Exton Cubic, have indicated that they are waiting on theprocesses to be completed so that the appeal for the payment of compensation over the long seizure its equipment can be heard at the Appeals Court.

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