Republic Vrs High Court, General Jurisdiction , Accra [2020] GHASC 9 (14 January 2020)

Republic Vrs High Court, General Jurisdiction , Accra [2020] GHASC 9 (14 January 2020)

The ordinary bench of the Supreme Court committed fundamental and basic errors by quashing the High Court's order on grounds inconsistent with binding precedent and failing to recognize the applicant's right to administrative justice. The Minister's revocation of mining leases without notice or hearing violated statutory and constitutional requirements. Absence of parliamentary ratification does not render leases void ab initio without proper judicial determination. Exceptional circumstances and miscarriage of justice warrant review and reinstatement of the High Court's order.

Citation
Republic Vrs High Court, General Jurisdiction , Accra [2020] GHASC 9 (14 January 2020)
Parties
Interested Party/applicant: Exton Cubic Group Limited; Applicant/respondent: Attorney-General; Respondent: Minister for Lands and Natural Resources
Court
ghasc
Jurisdiction
Ghana
Judgment Date
14 January 2020
Procedural Posture
Civil Motion for Review / Supreme Court Review of Prior Supreme Court Certiorari Decision
Outcome
Application for review granted; decision of ordinary bench set aside; High Court order quashing Minister's revocation letter reinstated.
Legal Topics
Judicial Review, Administrative Justice, Natural Justice, Mineral Rights, Parliamentary Ratification, Certiorari, Procedural Impropriety
Source Language
eng
Administrative Law Constitutional Law Mining Law Judicial Review Administrative Justice Natural Justice Mineral Rights Parliamentary Ratification +2 more

Case Brief

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Parties

Exton Cubic Group Limited

Interested Party/applicant

Attorney-General

Applicant/respondent

Minister for Lands and Natural Resources

Respondent

Procedural Posture

Civil Motion for Review / Supreme Court Review of Prior Supreme Court Certiorari Decision

Legal Issues

  1. 1 Whether the Minister for Lands and Natural Resources acted ultra vires in revoking mining leases without due process
  2. 2 Whether failure to comply with statutory and constitutional requirements (including notice and hearing) invalidates administrative revocation
  3. 3 Whether absence of parliamentary ratification renders mining leases void ab initio

Ratio Decidendi

The ordinary bench of the Supreme Court committed fundamental and basic errors by quashing the High Court's order on grounds inconsistent with binding precedent and failing to recognize the applicant's right to administrative justice. The Minister's revocation of mining leases without notice or hearing violated statutory and constitutional requirements. Absence of parliamentary ratification does not render leases void ab initio without proper judicial determination. Exceptional circumstances and miscarriage of justice warrant review and reinstatement of the High Court's order.

Court Disposition

Application for review granted; decision of ordinary bench set aside; High Court order quashing Minister's revocation letter reinstated.

Orders

  • High Court's order quashing Minister's letter is restored.
  • Minister's revocation letter declared constitutionally and statutorily defective.