A Human Right division of the Kumasi High Court Presided by His Lordship, George Addai Krofah has warned that he will no more consent to any plea for adjournment from the Attorney General’s Department in the law suit between Exton Cubic Mining Group, the Ashanti Regional Minister, Simon Osei-Mensah and the District Chief Executive (DCE) of Atwima Nwabiagya, William Danso and the AG.
The law suit was filed on August 20, 2017 by Exton Cubic for unlawful seizure of their mining equipment on their way to mine in the Nyinahini forest reserve.
The company is praying the court to declare the actions of the regional Minister, Atwima Nwabiagya DCE who acted on behalf of the state as illegal and also award a cost as the trucks remain in the custody of the police and rusting.
The Company was granted a mining lease which was revoked by the Minister of Lands and Natural Resources John Peter Amewu through a letter dated September 4, 2017.
The September 4, letter was subsequently quashed and declared illegal by the High Court in Accra on February 8, therefore reinstating the Mining lease acquired by the company through due process.
However, the unlawful seizure of the mining firm’s equipment case before the Kumasi high court is delaying following constant plea for adjournment on the part of the Attorney General to file supplementary affidavit to back their case.
At the court last sitting on Monday April, 9 2018, the state Attorney defending the state Mr. Kwaku Boakye Boateng, pleaded for the case to be adjourned to next month to enable them file anther supplementary affidavit on a new development connected to the case before the court.
“My lord, our attention has been drown to a new development connected to the case which we will like to plea for adjournment to enable us file another supplementary affidavit on the case. Furthermore, the deputy attorney general in our last adjournment promise to be here in person, but an equal important assignment has taken him away that is why we are pleading for adjournment,’ he pleaded.
However, counsel for the applicant (Exton Cubic) Osarfo Boateng who believes the AG’s plea for third time adjournment is a strategy to delay the case at the expense of the applicant praying the court not consent to the request.
Even though, the Judge consented to the plea of the state Attorney, he however refused to adjourn the case to next month as requested.
This means the two litigants will reappear before the court on April 27, 2018.
The judge warned his court will not consent to any plea of adjournment from attorney general again.
“The substantive hearing of the case must commence in our next meeting on 27th April 2018. I will not grant plea for adjournment again on this case. The law allows for counsel’s to plea for adjournment at any time, but the same law disallows plea for adjournment to be rejected when the court realises is a strategy to delay the case,’’ the judge warned.
Meanwhile, deep throat source from the attorney general office has revealed the state is considering out of court settlement to avoid Judgement debt which is likely to attract public condemnation.