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THE REPUBLIC
V.
HIGH COURT, GENERAL JURISDICTION (6) ACCRA EX PARTE: ATTORNEY-GENERAL [EXTON CUBIC GROUP LTD -INTERESTED PARTY]

(2019) JELR 68903 (SC)

Supreme Court 31 Jul 2019 Ghana
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- The Supreme Court held that mining leases granted without prior Parliamentary ratification under Article 268(1) of the Constitution and in violation of the mandatory provisions of the Minerals and Mining Act, 2006 (Act 703) are invalid an

Case Details

Suit Number:CIVIL MOTION NO. J5/40/2018
Judges:ANSAH JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, MARFUL-SAU JSC, KOTEY JSC
Counsel:GODFRED YEBOAH DAME (DEPUTY ATTORNEY GENERAL) FOR THE ,APPLICANT WITH HIM MRS STELLA BADU (CHIEF STATE ATTORNEY),MISS VERONICA ADIGBO (SENIOR STATE ATTORNEY) AND MISS YVONNE BANNERMAN (SENIOR STATE ATTORNEY),REINDORF TWUMASI ANKRAH FOR THE INTERESTED PARTY WITH HIM GLORIA AMOAH


MARFUL-SAU, JSC: The applicant in this proceeding is praying for an order of certiorari directed at the High Court, General Jurisdiction (6), Accra presided over by His Lordship Ackaah–Boafo, J. to quash the ruling of that court dated the 8th of February 2018 in suit No. GJ/1424/17 entitled the Republic v. Minister for Lands and Natural Resources, Exparte Exton Cubic Group Limited and the Attorney-General, Interested Party. In the said suit, the interested party herein had applied to the said High Court for certiorari to quash a letter written by the Minister for Lands and Natural Resource, dated 4th September, 2017, revoking the Mining Leases purportedly granted to the interested party. In its ruling dated the 8th of February 2018, the High Court found the Minister’s letter revoking the Mining Leases unlawful and for that reason quashed the letter by an order of certiorari. It is this order of the High Court that has become the subject of this application.

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