Ghanaian sues AngloGold, 6 other firms for mining Ghana’s gold, bauxite illegally

A Ghanaian citizen, Mr David Addo, is suing the Attorney General, the Minerals Commission and seven others for mining gold, bauxite and other natural resources of the Republic of Ghana illegally.

Mr Addo is praying the High Court to declare the operations of AngloGold Ashanti Ghana Limited, AngloGold Ashanti Iduaprim, Ghana Manganese Company, Newmont, Golden Star Resources, Asanko Gold and Ghana Bauxite as illegal. 

The Plaintiff’s case is that the mining leases granted to the mining companies by the government of Ghana has not been ratified by Parliament, and, therefore, the leases are void and of no effect.

Mr Addo is further praying the court to restrain the companies from mining the natural resources of Ghana in flagrant breach of the law.  He also wants the court to order the companies to pay back the value of all the illegally-mined minerals they have extracted from Ghana over the years.

Mr Addo’s writ said: “The Plaintiff avers that a letter dated 27th April 2018 written by the Minerals Commission and addressed to the Chairman of the Parliamentary Select Committee on Mines and Energy shows that a total of 46 mining leases

(including that of defendants) granted by the government of the Republic of Ghana within the period commencing 22nd March 2006 and ending 1st March 2018 had not been ratified by the Parliament of the Republic of Ghana as required by Article 268 of the 1992 Constitution.” 

“Wherefore, the Plaintiff seeks from the honourable courts the following reliefs endorsed on his writ of summons, a declaration that the 3rd to 9th Defendants are engaged in illegal mining of the

natural resources of Ghana, a further declaration that all revenues and financial gains or minerals obtained by the 3rd to the 9th defendants as a result of their exploitation/extraction of natural resources were obtained illegally”. 

The other reliefs include an order of perpetual injunction restraining the 3rd to 9th defendants from carrying on any exploitation/extraction of minerals or engaging in any mining activity. 

The Plaintiff added that: “As will be recalled, the Supreme Court of Ghana, in a case brought against Exton Cubic Group Co. Ltd by the Attorney General, decided that any mining lease that is not ratified is void and of no effect and confers no rit.”