The Supreme Court on Tuesday threw out a case filed by Exton Cubic, a mining company challenging the jurisdiction of a High Court decision declining to grant compensation over the seizure of its mining equipment.
Exton Cubic had gone to court to quash the decision of a Kumasi High Court for not awarding it compensation after its equipment had been seized by Mr Simon Osei-Mensah, the Ashanti Regional Minister.
Last year, a High Court in Kumasi dismissed the case of Exton Cubic on the premise that it mining lease had not been ratified by Parliament.
It therefore filed an application for certiorari at the apex court contending that the High Court had no jurisdiction to interpret Article 268 clause one which relates to parliamentary ratification of contracts.
Exton Cubic had further argued that the High Court should have directed the matter to the Supreme Court for interpretation of Article 268.
The five member panel of the Court unanimously held that the Exton Cubic’s application had no merit because the apex Court had given an interpretation of Article 268 clause one.
The Court presided over by Mrs Justice Sophia Adinyera held that the High Court only applied the interpretation given by highest Court of the land.
The Ashanti Regional Minister in 2017, ordered the Police to seize eight trucks and other equipment belonging to Engineers and Planners who had been hired by Exton Cubic Group to do bauxite prospecting in the Tano-Offin Forest Reserve.
Exton Cubic however argued that it had obtained legal authority from government to carry out work in the reserve.
Mr John Peter Amewu, former Minister of Land and Natural Resources in response, explained that the company did meet the legal requirement and that the said lease was invalid.
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