Northern Ashanti Mining Company has filed an application for injunction to restrain government, the Minerals Commission and the Minister for Lands and Natural Resources from entering or interfering with its possession and operations of the mine, which is located in the Ashanti Region.
The application, which was filed on October 22, 2026, is arguing that refusing the injunction could result in the loss of the company’s entire concession and investment.
The company argues that it stands to suffer significant and potentially irreparable prejudice if the injunction is refused while it awaits the determination of its application for judicial review.
It is seeking among others, an order restraining the government, the ministry and its assigns and agents from deploying military or other security personnel to the said areas for the purpose of taking over the company’s mines or enforcing or giving effect to the purported termination of its mining lease contained in the letter dated April 30, 2026.
The application is also asking the court to restrain the respondents and their assigns or agents from “granting, re-granting, allocating, re-allocating, assigning, transferring or otherwise dealing with any mineral right over the Konongo area, or any part thereof, in favour of any third party, whether Ghanaian or foreign, including processing, approving, or concluding any application for a mineral right over the said area referred to in the letter of the Asante Akim North Municipal Assembly dated August 18, 2026.”
It is also asking the court to stop the respondents from taking any further step whatsoever to implement, enforce or give effect to the said letter dated April 30, 2026, pending the final determination of the application for judicial review filed on October 21, 2026.
The company, in its affidavit in support of the application, maintains that granting the injunction would preserve the status quo and protect its interests pending the court’s final determination of the substantive judicial review proceedings.
The Northern Ashanti Company Limited further argues that refusing the injunction would expose it to severe financial and operational consequences, particularly in view of what it describes as an imminent threat of a military takeover of the concession.
It said the respondents should not be allowed to use military force to enforce an administrative decision whose legality is yet to be determined by the court.
Again, it contends that such an action would be contrary to the rule of law and the constitutional principles enshrined in Articles 23 and 296 of the 1992 Constitution, which govern administrative justice and the exercise of discretionary power.
The company has therefore called on the court to hear the application urgently, citing the imminence of the threatened military intervention.
“I am advised by Counsel and verily believe same to be true that it is just and convenient that the Respondents be restrained as prayed for in the motion paper, pending the final determination of the Application for Judicial Review,” the supporting affidavit sworn to by Jonathan Adongo, Administrative Manager of the company, pointed out.
The company argues that the balance of prejudice favours granting the injunction, insisting that the respondents would suffer no comparable harm by waiting for the court to determine the judicial review application, while the applicant risks losing its entire concession and investment if the application for injunction is denied.
BY Gibril Abdul Razak
