THE REPUBLIC vs HIGH COURT, GENERAL JURISDICTION 6, ACCRA EX PARTE: ATTORNEY-GENERAL [EXTON CUBIC GROUP LIMITED-INTERESTED PARTY/APPLICANT]

Exton Cubic Group Ltd obtained three mining leases for bauxite exploration from the Government of Ghana. By letter dated 4 September 2017, the Minister for Lands and Natural Resources purported to revoke the leases on the basis of alleged statutory non-compliance and lack of parliamentary ratification. Exton Cubic challenged that revocation in the High Court by judicial review, contending that the Minister acted ultra vires and in breach of the audi alteram partem rule, articles 23 and 296 of the 1992 Constitution, and the Minerals and Mining Act procedures requiring notice and opportunity to remedy or show cause. The High Court quashed the Minister’s letter. The Attorney-General then successfully invoked the Supreme Court’s supervisory jurisdiction to quash the High Court’s ruling on 31 July 2019. Exton Cubic thereafter applied for review of that Supreme Court decision. Portion of judgment: 'The applicant, Exton Cubic Group Limited, filed a motion for judicial review before His Lordship Justice AckaahBoafo at the High Court, Accra, to quash a decision of the Minister for Lands and Natural Resources dated the 4th of September 2019... The applicant had contended that it had successfully applied for and obtained a mining lease for bauxite exploration from the Government of Ghana and the said Minister had unfairly written a letter purporting to cancel the lease...'

My Lords, this application was heard on the 14/01/2020 when by a majority of five with two dissenting, we dismissed the application and reserved our reasons. The facts leading to this application for review appear not to be in dispute. The applicant, Exton Cubic Group Limited, filed a motion for judicial review before His Lordship Justice Ackaah-Boafo at the High Court, Accra, to quash a decision of the Minister for Lands and Natural Resources dated the 4th of September 2019. The basis for invoking the High Court’s jurisdiction for judicial review was that the Minister responsible for Lands and Natural Resources had interfered with the Applicant’s mining concession activities in Kyekyewere, Mpasaaso and Kyereyase in the Ashanti Region. The applicant had contended that it had successfully applied for and obtained a mining lease for bauxite exploration from the Government of Ghana and the said Minister had unfairly written a letter purporting to cancel the lease the Government ...