The mining equipment belonging to Exton Cubic Ltd are still in the custody of the Ashanti Region Police despite reports suggesting they have been released to the company.

Deputy Ashanti Region Minister Elizabeth Agyemang says she is waiting for an order from above before she will release the equipment.

Asked who was to give the order, the deputy Minister told Joy News the order must come from either the Lands and Natural Minister or her immediate boss, the Regional Minister who is currently out of town.

The equipment including, eight trucks, one caterpillar generator and two container offices in police custody were seized some three weeks following reports the company was proceeding to mine bauxite at its concession in the Tano-Offin Forest Reserve in the Atwima Mponua District in the Ashanti Region even though it did not have the authorization to do so.

Weeks after the seizure the drama surrounding the Exton Cubic mining concession has seen many twists and turns.

First there was an initial disagreement between the Lands Minister and the Ashanti Region Minister over whether the company had a legitimate license or not and whether the equipment had to be released to the company owned partially by the brother of the former president Ibrahim Mahama.

Lands Minister John Peter Amewu initially stated the company had the appropriate documentation and must be given its equipment to proceed with its business operations but the Regional Minister Mr Simon Osei Mensah insisted the company did not have the rights and legitimate documents to mine bauxite and would not release the equipment.

Spokesperson of Exton Samuel Gyamfi

There has since been a u-turn from the Lands Minister who has proceeded to invalidate the mining leases granted Exton Cubic.

That action was preceded by a contest of press releases from Environment Protection Agency, the Minerals Commission both of which claimed the company did not have the required, approved documents to proceed with business but Exton Cubic replied with vehemence denying the claims by the two institutions.

On Thursday the company issued a statement threatening to proceed to court if government did not rescind its decision to annul the contract.

Shortly after the threat there were reports the Ashanti Regional Minister had directed the release of the equipment to Exton Cubic but the Deputy Regional Minister has denied the reports.

Meanwhile, a legal practitioner who is also a lecturer at the Central University Yaw Oppong says it is pointless the controversy going on between Exton Cubic and the Lands Minister.

Yaw Oppong

He said to the extent there is no parliamentary ratification for the transaction Exton Cubic is engaged in, all other matters becomes secondary.

The company has faulted government for failing to take the initiative to ratify the mining contract in Parliament and to provide essential documents but Yaw Oppong insists any contract that fails to meet the dictates of the law must be presumed null and void even if it is the fault of a government institution that the law was not followed.

He said it should be the duty of all parties, the investor, business man or government institution to ensure that every part of the law is respected before a contract is signed.

He cited the Volcan Energy case the Martin Amidu Vrs Woyome case where the Supreme Court ruled that in the absence of Parliamentary ratification the two contracts were null and void.

While he sympathized with companies who may have lost millions of dollars in investments as a result of the annulment of a contract, he said the supreme interest of the country which is the respect of law must be safeguarded.