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Thursday, March 1, 2012

Legal brawl over Sheini Iron Ore: Counsel for Minister of Lands Denies Before Court Her Client Granted License Out


Francis Npong, Accra
Mike Hammah, Minister for Lands and Natural Resource in Ghana
The lawyer to the Minister of Lands and Natural Resources Mr. Mike Hammah,  Madam Leona S. Johnson has categorically denied before an Accra Fast Track High Court presided over Justice Ofori Attah that the ministry had issued mining license(s) out to any company to develop Sheini Iron ore Mines.
This denial before court contradicts recent announcement by the Directors of Emmaland Resources ltd and their foreign partner, Cardero Resources Corp, a Canadian mining companyduring the opening of their office complex in Accra that the government of Ghana and for that matter the ministry of lands and Natural Resources had granted three prospecting licenses to them to develop Sheini Iron Ore deposit.
 Cardero Resources Corp on the 23 January 2012 also caused a press release to be published in many news outlets in Canada confirming the issuance of three prospecting licenses to their Ghanaian partner, Emmaland Resources Ltd to develop Sheini Iron ore deposit.
However, the counsel to Inland Mines Ghana Ltd, Mr. John Ndebugri argued that there were publications evidence to show that the minister had allegedly granted the license relating to Sheini iron ore deposit to Emmaland Resources’ and their Canadian mining company partner, Cardero Resources Corporation which he sought to revoke through the court.
The counsel to the minister who was dragged to court to compel him to issue mining license to Inland Mines Ghana Ltd after the company was said to have followed the legal requirements pertaining to securing mining licenses in Ghana,Madam Leona S. Johnson told the court that though the mineral commission had selected and advised the minister to issue out the license to a company her client was yet to do so.
This was when the presiding Judged Justice Offori Atta sought from the counsel to the minister whether the license in respect to the Sheini iron ore has been issued out. She also indicated to the court some changes in the acquisition of mining license which was now being enforce.
“The judge, Justice Ofori Atta, presiding over the case sought from the counsel of the minister whether the ministry had issued the licenses in respect to Sheini Iron ore deposit out to any company which she responded no”, the lawyer to Inland Ghana Mines Ltd told the Enquirer.
However, the Enquirer can report without fears that the minister of lands and natural resources granted three prospecting licenses to Emmaland Resources Ltd on the 8th of December 2011. A search conducted through the mineral commission had also confirmed that three licenses for the development of Sheini Iron Ore deposit in the northern region had been issued out whereas the case was pending before the court of competent jurisdiction. Cardero Resource Corp on October 26, 2011 stated that their Ghanaian partner has received final approval from the minister of Lands and natural Resources for the grant of three  prospecting licenses in the beginning of November 2011 to Emmaland Resources Ltd and published by the Marketwire sounds like the whole deal was rehearsed.
However, when the case was called on the February, 22, 2012 at the Accra Fast Track High Court presided over Justice Ofori Atta, the lawyer to the minister denied upright before the court that his client(s) had issued the license(s) out to any company to develop Sheini iron ore deposit.
The denial of the lawyer to the minister raised critical questions of how these companies got hold of these licenses they claimed were granted them as per their announcement to that effect. The case which however was adjourned to 15th of March 2012 would make interesting following.
Nevertheless the lawyer to Inlands mines Ghana ltd Esq. John Ndebugri argued that the managers of Cardero Resources Corp and Emmaland Resources pirated his client’s works presented to the mineral commission for the licenses.
The mineral commission was said to have leaked research findings of Inland mines Ghana out to other companies allegedly competing for the license to develop one of the precious and largest mining concession ever remain in Ghana, Sheini Iron ore concession, an accusation Emmaland Resources have since denied.
Mr. John Ndebugri, counsel for Inland Ghana Mines ltd filed a writ on the 17th of October, 2011 at an Accra Fast Track High Court seeking an order of mandamus to compel the minister to grant mining license to his client after he had gone through all the legal processes in acquiring mining license in Ghana. He accused the mineral commission for frustrating his client compelling them to resort to legal battle.
“While the case was still pending before the court, the minister went ahead to issue three prospecting licenses to Emmaland Resources on the 8th of December 2011 which amounted to contempt of court“, Mr. Ndebugri argued.
“I was not surprised the lawyer denied before the court that her client granted the license out but I am pursuing the case to it logical conclusion. Since they denied before the court let’s see how to go by it”, Ndebugri told this reporter in an interview.
The lawyer who would not disclose details of his legal plans pointed out that the outcome of the court would inform his next move but would also not rule out seeking redress internationally.
“Cardero did not do any work there, what they did was to pirate the report of Inland Mining Ltd in order to be given the license and we have the evidence to that effect. We are not going to let this matter rest,” Ndebugri alleged to Citi Business News.
 Enter:  Sheini Iron Ore concession, which was discovered in 1960s and proved, to be viable in commercial quantity by the Soviet Geologists and other subsequence geological surveys is said be the only mineral resource concession in the north that has potentials to solve at least the deprivation of the region.
A letter to The Enquirer dated 1st February, 2011 and signed by Peter Awuah, Manager, Mineral Titles, specifically stated that the commission would not give away Shieni Iron Ore Concession to company or companies that is/are not vibrant and has/have capacity to build an iron processing factory in the north to reduce the scaling up of youth migration and facilitate the development of the area. Stay tuned.

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