[2019]DLSC6520 • July 31, 2019 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, GENERAL JURISDICTION (6) ACCRA, [EX PARTE: ATTORNEY-GENERAL (APPLICANT) EXTON CUBIC GROUP LTD INTERESTED PARTY]
The Interested Party, Exton Cubic Group Ltd, purportedly acquired three Mining Leases from the Minister for Lands and Natural Resources. However, these leases were never ratified by Parliament as required by the Constitution, thereby denying the Interested Party any valid mining rights. The Minister issued a letter revoking the grant of the three Mining Leases on grounds of constitutional and statutory violations. The Interested Party challenged this revocation in the High Court, which granted certiorari to quash the Minister's letter. The Attorney-General applied to the Supreme Court to review the High Court's ruling.
read moreMARFUL-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. The brief facts ...