Two mining firms, Blue Gold Bogoso Prestea Limited and FGR Bogoso Prestea Limited, have filed a lawsuit at the High Court challenging the Ministry of Lands and Natural Resources’ decision to grant approval for the transfer of the Bogoso Prestea Mines to an interested party, Health Goldfields Limited.
The suit, filed on December 18, 2024, invokes judicial review under Order 55 of the Civil Procedure Rules, 2004 (C.I. 47), seeking to quash the ministry’s decision, which the Applicants claim is illegal.
Key Allegations
According to Andrew Cavaghan, Director of the Applicants, who affirmed the affidavit supporting the case, the approval violates the Minerals and Mining Act, 2006 (Act 703). Mr. Cavaghan argues that Section 27(5) of the Act mandates that mineral rights remain unaffected until 30 days after the resolution of disputes.
The Applicants contend that their notice of dispute, served on October 15, 2024, was ignored when the third respondent, the Minerals Commission, approved the transfer on November 12, 2024.
Mr. Cavaghan emphasized that the decision was made in disregard of mandatory legal provisions, deeming it an act of illegality, excess jurisdiction, and procedural impropriety.
The suit names several respondents, including the Ministry of Justice and Attorney-General’s Department, Minerals Commission, and members of the Interim Management Committee, including Emmanuel Dadzie, Samuel Mireku, and Mac Donald Kitsin-Hytey.
Sammarise of the Case Background
On January 30, 2024, FGR Bogoso Prestea Limited sought approval to assign mining leases to Blue Gold.
April 17, 2024: The Minerals Commission conditionally approved the assignment.
September 19, 2024: The leases were terminated by the second respondent, a member of the Interim Management Committee.
October 15, 2024: The Applicants formally disputed the termination under Section 27 of Act 703.
November 12, 2024: Despite the pending dispute, the transfer was approved.
Legal Argument
Kimathi Kuenyehia, lead counsel for the Applicants contends that the Minerals Commission acted beyond its jurisdiction by approving the transfer despite the pending dispute.The decision violates statutory provisions that safeguard mining rights during dispute resolution.The Respondents’ actions amount to irrationality and procedural impropriety, warranting judicial intervention.
Reliefs Sought
The Applicants are seeking the following remedies, a certiorari to nullify the approval of the mining transfer, an injunctions to restrain the Respondents and the Interested Party from managing or occupying the mines.
They’re also seeking on Order for Release, restoring the mines to the Applicants pending dispute resolution and Financial Accounts, requiring the Interim Management Committee to provide detailed financial records.
The High Court is set to hear the motion on January 14, 2025, during which the Applicants will seek to restrain further action on the mining transfer and protect their legal rights.
The post A-G sued over transfer of Bogoso Prestea Mines to Health Goldfields Limited appeared first on The Ghanaian Chronicle.
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