Thursday, November 20, 2014

GHACEM, MANYA KROBOS IN A LEGAL TUSSLE over limestone deposit


The story as captured in the November 1, 2014 edition of the Daily Graphic newspaper, pg 13

Ghacem Limited and the Manya Krobo Traditional Council (MKTC) have locked horns in a legal battle that threatens to further strain an already sour relationship between the two.
This follows the filing of a suit by Ghacem against the latter for what it describes as interference in its Popotia limestone concession covering an area of 93.16km2 (23, 021. 00 acres).

Nene Agbau Narh III, 1st Defendant & Ag. Prez. of the MKTC
The suit was filed at the Koforidua High Court against Nene Agbau Narh III, Divisional Chief of Djebiam, in his capacity as the acting President of the Traditional Council. Four others have also been sued including Mr. E. K. Sackitey, Coordinator of the Manya Krobo Customary Lands Secretariat; Mr. Annor Divine, Chairman of the Limestone Land Owners Association, Lawatt Quarries Company Limited, a local mining firm, as well as one Nene Okletey.

The plaintiff is seeking among others, an order of quia timet injunction to restrain the Traditional Council, Mr. Sackitey, Mr. Annor and Nene Okletey from interfering with their concession. It is also demanding a declaration that the mining activities of Lawatt Quarries, the fifth defendant, constitute trespass on its concession.

The current disagreement was sparked by meeting held on September 24, 2014 attended by representatives of Ghacem, the Traditional Council and other stakeholders including the Manya Krobo Customary Lands Secretariat, The Lower Manya Krobo Municipal Assembly and youth groups. During the meeting, Nene Agbau Narh, then acting as the President of the Council ordered Ghacem to halt its operation in the Popotia application area as the various stakeholders still stood by their objection to the granting of that application.

Earlier, the council, in a letter dated September 17, 2014, conveyed to the Minerals Commission its decision ordering the plaintiff to cease operations in the Popotia application area until further notice.

The letter indicated, among others that Ghacem’s operation in those areas was illegal because all stakeholders including the Lower Manya Krobo Municipal Assembly, the Traditional Council, Customary Lands Secretariat, landowners and other concerned groups objected to the issuance of reconnaissance license to Ghacem by the Minerals Commission as indicated in a letter from the Municipal Assembly dated October 15, 2010.

When contacted, Nene Agbau Narh III, the first defendant preferred to remain silent until the determination of the case.

Dr. George Dawson Amoah, Head of Strategy and Corp. Affairs, Ghacem
Dr. George Dawson-Amoah, Strategy and Corporate Affairs Director of Ghacem confirmed initiating the legal action and said “that was because the defendants were putting impediments in our way”.

In a related development, a Youth and Advocacy group in the area, Kloma Gbi, has expressed shock at the decision by Ghacem to initiate a court action against the traditional rulers of the community within which it derives its raw materials.

Ign. Philip Tetteh Padi, Commissioner of  Kloma Gbi
Commissioner of the group, Ing. Philip Tetteh Padi, said “though it is Ghacem’s legal right to initiate any such action when aggrieved, it would have been prudent exploring other alternatives to solve the issue, taking cognizance of the likely effect of the action”.

He declined to comment on the substantive issue except to say that as youth of the area, they were prepared to stand by their Chiefs in a situation like this especially looking at their side of the argument.

It would be recalled that Ghacem has been mining limestone in the area for the past ten years following the commissioning of the quarry at Odugblase in 2004 by the Ex-President John Agyekum Kuffour.

 Published: Saturday November 1, 2014, pg 13, Daily Graphic

No comments:

Post a Comment