Ibrahim Mahama
The Supreme Court has fixed December 3 to hear the application for review filed by former President John Dramani Mahama’s younger brother — Ibrahim Mahama — over the controversial Nyinahini Bauxite concession in the Ashanti Region.
The Supreme Court on July 31, in a unanimous decision, declared that three mining leases granted Ibrahim’s company — Exton Cubic Group Limited — were null and void due to the fact that proper procedures were not followed in securing the leases.
Panel Member
The case was expected to be heard yesterday but the Registrar of the highest court adjourned it because a member of the panel of justices for the case was out of the jurisdiction.
Deputy Attorney General Godfred Yeboah Dame and his team from the Attorney General’s Department, as well as lawyers for Ibrahim, were in court when the Registrar announced that the case could not be heard.
Review Application
Ibrahim’s Exton Cubic has been incensed by the Supreme Court’s decision that the company could not enter the concession it was granted to mine bauxite when Mr. Mahama was leaving office.
He, therefore, filed the application for review, seeking to overturn the court’s unanimous decision against Exton Cubic whose mining leases had been declared null and void.
Exton Cubic is also challenging the decision of the Supreme Court to declare the three mining leases as null and void, and of no effect.
Main Decision
The five-member panel made up of Justices Julius Ansah, Jones Victor Dotse, K. Anin Yeboah, Samuel K. Marful-Saw and Prof. Emmanuel Nii Ashie Kotey had held that in accordance with Article 257, all minerals belong to the people of Ghana and the President holds same in trust for the people and that is why Article 268 enjoins all mining leases to obtain parliamentary ratification.
The court also quashed the ruling of Justice Ackah-Boafo which was given last year in favour of Ibrahim when the High Court held that then Lands and Forestry Minister, John Peter Amewu, erred in cancelling Ibrahim’s lease.
The Supreme Court said the High Court judge had no jurisdiction to grant certiorari to protect a non-existent right and warned the lower courts to be careful in issuing orders of certiorari to protect rights which do not exist in law.
Flashback
The much-talked-about multi-billion long lease bauxite concession was granted to Ibrahim Mahama’s company at the tail end of his brother’s Presidency on December 29, 2016 when the NDC had lost the December 7, 2016 general election miserably and was on its way out of office.
The company in early 2017 moved heavy-duty machines into the forest near Nyinahin in the Atwima Mponua District of the Ashanti Region to start exploratory activities but was stopped by both the district and regional authorities, compelling Exton Cubic to go to court to challenge the action of the authorities.
Political Twist
There were projections that about 75 per cent of Ghana’s bauxite deposits estimated at $180 billion were handed over to Ibrahim by then President Mahama.
The ruling New Patriotic Party (NPP) has even asked former President John Mahama to apologize to Ghanaians for that singular action.
BY Gibril Abdul Razak