The Paramount Chief of Twifo Atti-Morkwa in the Central Region, his linguist, and two others have been dragged before the Kumasi High Court for allegedly engaging in illegal mining activities on a licensed mining concession.
Officials of Kadesh Mining Enterprise, in a writ, allege that over 85 per cent of their 14.73-acre concession at Twifo Atti-Morkwa has been destroyed by illegal mining operations.
Kadesh Mining Enterprise was granted a five-year small-scale mining license on June 11, 2024, after initially applying for a mining lease in 2023.
However, before the company could begin its commercial operations, the concession was reportedly occupied by the Omanhene of Twifo Atti-Morkwa, Oseadeayo Kwasi Kenin IV, along with Okyeame Yaw Asamoah, Ernest Ahorlu, and their foreign collaborators led by a Chinese national, Wu Ming Ji.
Court documents indicate that the paramount chief admitted electronically to the illegal mining activities, which have caused significant financial losses to Kadesh Mining.
“The first defendant is the Paramount Chief of Twifo Atti-Morkwa Traditional Area, while the other defendants are his mining partners, who are Ghanaians, except for the third defendant, who is a Chinese national,” reads part of the plaintiff’s claim.
Kadesh Mining Enterprise is seeking the recovery of GH¢15 million in gold mined by the defendants and an additional GH¢20 million in general damages.
The writ further states, “A declaration that the defendants, having illegally and unlawfully trespassed onto the Plaintiff’s mining concession without consent or authority under Small Scale Mining License No. LVD/CR/1750/2024 dated June 11, 2024, and having mined approximately 85% of the entire 14.73 acres, caused commercial disadvantage and economic loss to the Plaintiff.”
When the case was called on Tuesday, September 24, 2024, at the Commercial Division of the Kumasi High Court, the paramount chief, Oseadeayo Kwasi Kenin IV, was notably absent. Only Okyeame Yaw Asamoah and Ernest Ahorlu appeared before the court.
Counsel for the plaintiff, Hansen Kwadwo Koduah, stated that his client had conducted private investigations into the illegal mining operations involving the Omanhene and his partners.
Oseadeayo Kwasi Kenin IV, the first defendant, has filed a motion challenging the jurisdiction of the Kumasi High Court, arguing that the case should be heard at the Cape Coast High Court since all defendants reside in Twifo Praso. He has requested the court refer the matter to the Chief Justice for consideration.
Speaking on the case, Counsel for the Plaintiff, Hansen Kwadwo Koduah, described the writ as part of a national fight against illegal mining.
“That particular land and whatever interest therein had been granted by the Minerals Commission to the plaintiff. It is only my client who has the right to enter the land and mine, not the Omanhene, who claims that because he is the chief of the area, he has the right to mine with or without a license,” Koduah said.
“His activities on the land constitute illegal mining. In local parlance, it’s called galamsey, and that’s what we are seeking to prevent. This is a national fight.”
In the meantime, the trial judge, His Lordship Samuel Faraday Johnson, has verbally ordered the Omanhene and his assigns to stay off the disputed land until the final determination of an interlocutory injunction filed by the plaintiff. The case has been adjourned to October 14, 2024.
SOURCEOhemeng Tawiah
