News:
January 16, 2019
Two National Democratic Congress (NDC) Members of Parliament, Alhassan Suhuyini and Ernest Henry Norgbey, have dragged 35 mining companies, the Attorney-General and the Minerals Commission to the Supreme for allegedly violating Ghana’s constitution.
According to the Tamale North and Ashaiman MP, the mining firms including Newmont, Anglogold Ashanti, Golden Star Resources, Ghana Bauxite Company, among others, have effectively been engaging in illegal mining without the ratification of their leases, while the supervising authorities looked on unconcerned.
The young lawmakers claim all 35 companies violated article 268 of the 1992 Constitution by carrying on mining operations at a time when Parliament had not ratified their mining leases in accordance with article 268 of the constitution.
They argue that unless and until Parliament gives approval to a mining agreement, the holder of the mining agreement cannot carry on any mining activity.
The MPs are therefore praying the Court to order the defaulting mining companies to refund all monies or financial benefits that have accrued to them as a result of illegality.
“A further declaration that all revenues and financial gains (proceeds) made by 3rd to 37th defendants pursuant to carrying out the exploitation of mineral rights and other natural resources in violation of the provisions of article 268 of the 1992 Constitution, must be declared and accounted for to the government of the Republic of Ghana, from the date when they respectively started such exploitation of minerals and natural resources” they stated in the writ.
Mr Ablakwa and Norgbey also want the court to restrain the firms from further operations until the necessary ratification is done.
“An order of perpetual injunction restraining 3rd to 37th defendants from carrying on any exploitation of minerals or other natural resources unless and until their respective transactions, contracts and undertakings with the government of the Republic of Ghana, are ratified or exempted from ratification by the Parliament of the Republic of Ghana, in accordance with the provisions of article 268 of the 1992 Constitution of the Republic of Ghana,” they added in their writ.
Christian Kpesese/ ghanamps.com