A High Court in Kumasi has ordered the Paramount Chief of the Atti-Morkwa Traditional Area, Oseadeeyo Kwesi Kennin IV, to cease operations on a concession belonging to Kadesh Mining Enterprise, after being accused of engaging in illegal mining, also known as galamsey activities.
The Chief, who allegedly employed both Ghanaian and Chinese nationals for the illegal mining, was sued by the management of Kadesh Mining Enterprise.
The company claims that the Chief and his associates have been illegally operating on their concession, despite a pending injunction on the matter.
Kadesh Mining Enterprise holds the proper license for the concession and has yet to commence operations.
Meanwhile, the company argues that the Chief has no legal right to mine on their land.
The Plaintiff’s lawyer revealed that they had private investigations into the individuals involved in the mining activity and discovered that the Chief was the mastermind behind the galamsey activities.
“This client applied to Mincom for a licence to mine gold and then while the lease is subsistent, my client discovered that there was an illegal activity going on, on the land. So that was the reason why we issued the writ but before the was issued, we had private investigations into those who were involved in the mining activity. Now we came to discover that the Omanhene of Twifo Atti-Morkwa was the brain behind all these illegal activities.”
The lawyer also accused the Chief of asserting ownership and control over the land, claiming the right to mine with or without a license due to his status as Paramount Chief.
The lawyer emphasized that only Kadesh Mining Enterprise has the right to enter and mine on the land, not the Paramount Chief. The Chief’s activities on the land constitute illegal mining, according to the lawyer.
“It’s only my client who has the right to enter the land mine and not the Omanhene who claims that because he is and was the Omanhene of the area, he has every right to enter to mine with or without licence. We are saying that that is not the law and his activities on the law on the land constitute illegal mining.”
The defendants and their lawyer have requested for the case to be transferred to the Central Region, where the alleged activities took place.
However, the plaintiff’s counsel argues that since two of the defendants reside in Kumasi, the case should be heard in the Ashanti Region.
The lawyer for the defendants declined to comment.
