Adamus Resources Limited has pushed back against what it describes as attempts to revoke its mining leases without due process, insisting that any such action outside Ghana’s legal framework would be unlawful.
In a press release dated April 27 and signed by its legal representatives, Apatu-Plange & Co PRUC, the company responded to comments attributed to the Chief Executive Officer of the Minerals Commission during a press conference held on Monday, April 27.
According to Adamus Resources, remarks by the Minerals Commission CEO suggested mining leases could be revoked immediately in the public interest, particularly in cases involving alleged deliberate or environmentally harmful breaches.
The company, however, argues that such a position is inconsistent with Ghana’s mining laws and the procedures governing suspension or termination of mineral rights.
Its lawyers maintain that the authority to suspend or terminate a mining lease is explicitly provided for under Section 68 of the Minerals and Mining Act, 2006 (Act 703), and Regulation 200 of the Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176).
“In particular, Section 68(2) of Act 703 requires that a holder of a mining lease be given notice of any alleged breach and afforded a reasonable period being not less than one hundred and twenty (120) days to remedy the same,” the statement said.
It added, “Regulation 200(3) of L.I. 2176 further reinforces this requirement by mandating that, prior to any suspension or termination, the Commission must issue written notice specifying the alleged breach and grant the holder a defined period within which to cure it.”
Based on those provisions, Adamus Resources said any effort to sidestep the statutory process on grounds of urgency or public interest would amount to a breach of the law.
“We state, in the clearest terms, that any attempt to bypass the statutory notice requirements under the guise of urgency or public interest is not an exercise of lawful discretion but a direct infraction of the law. Our Client will not submit to a process that is unknown to the statute,” the lawyers said.
The company further reaffirmed its commitment to operating within Ghana’s legal and regulatory framework while signaling readiness to defend its interests through legal means.
“Our Client remains committed to operating within Ghana’s legal and regulatory framework and will take all necessary legal steps to protect its rights and safeguard its investment,” the statement added.
The development adds a legal dimension to ongoing discussions around regulatory oversight and enforcement in Ghana’s mining sector, particularly regarding the balance between public interest and statutory protections for leaseholders.
By: Christian Kpesese
