Court sends Atti-Morkwa chief’s “galamsey case” to Chief Justice for jurisdiction ruling

The Kumasi High Court has referred a dispute between a mining company and Oseadeeyo Kwesi Kennin IV, the Paramount Chief of the Atti-Morkwa Traditional Area, to the Chief Justice to determine the correct jurisdiction.

The mining company accuses the chief of illegally mining on its concession and argues for the case to be heard in the Ashanti Region, citing security concerns.

However, the chief’s lawyer insists that since the incident took place in the Central Region, the case should be heard there.

In his ruling, Justice Samuel Faraday Johnson acknowledged that cases involving immovable property, like land, are generally tried in the location where the property is situated.

However, he also noted the plaintiff’s security concerns, which warrant special consideration. Therefore, the Chief Justice will now decide on the appropriate court location for the hearing.

The judge also mentioned that he is handling a similar suit brought by nine other mining companies against the same chief for alleged illegal mining. The Chief Justice’s decision on the first case will likely guide jurisdictional decisions for these additional suits.

“We wanted the court to choose a convenient and secure venue for the parties”, said the Plaintiff’s lawyer Hansen Kwadwo Kodua. “Not that I didn’t know the law, so for me, referring the matter to the Chief Justice is the best that can be done in this particular matter.”

“We’re satisfied in the sense that the Chief Justice is now going to decide which region should entertain the matter based upon the matters that we have deposed to in our Affidavit, so we’re on course that it is.”

He, however, accused the paramount chief of disrespecting the court by failing to attend court proceedings.

“We all show respect to the court, if you are summoned before a court, out of respect, you appear to show that you also respect the court. But you can’t choose to stay away, and you don’t tell the court why you are constantly absenting yourself from the court.

“That is what I was complaining about that it doesn’t show respect, he’s a chief and as a chief, he should know better. We will wait for the forum to be selected by the Chief Justice.”

Reporting By Jonathan Ofori, Asaase Newsroom, Kumasi.

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