By Ashiadey Dotse
Private legal practitioner Austin Kwabena Brako-Powers says the government should have allowed Adamus Resources Limited to respond to alleged breaches before revoking its mining lease.
Speaking in an interview on GTV’s Current Agenda programme on Saturday, May 2, 2026, he argued that the Minister for Lands and Natural Resources’ decision did not fully follow due process as required by law.
Mr Brako-Powers explained that Ghana’s mining laws and the principles of natural justice require that any company facing sanctions must first be notified of the allegations and given time to respond or correct them.
According to him, provisions in the Minerals and Mining Act, 2006 (Act 703) make it clear that before suspending or cancelling a mining lease, the Minister must give notice to the company and allow it a reasonable period to remedy any breaches or defend itself.
His comments follow a directive by the Minister for Lands and Natural Resources, Emmanuel Armah-Kofi Buah, to revoke the Akango, Salman and Nkroful mining licences of Adamus Resources Limited after investigations by the Minerals Commission found that the company had engaged in unauthorised and illegal mining activities in violation of the Minerals and Mining Act, 2006 (Act 703) and related regulations.
The directive, announced on April 26, 2026, was based on the seriousness and deliberate nature of the breaches, with the Minister determining that immediate revocation was necessary in the public interest, particularly where mineral rights are used to support illegal mining activities.
The Ministry also indicated that the action does not preclude possible criminal charges against the company, its directors and management under the Minerals and Mining (Amendment) Act, 2019 (Act 995).
Mr Brako-Powers stressed that the law does not support unilateral decisions taken without hearing from the affected party.
“The Minister must afford the company an opportunity to be heard before taking such a decision,” he said.
He also questioned whether regulators had been effective, noting that if the alleged breaches had persisted for years, then the role of the inspectorate division must be examined.
While acknowledging that the government’s efforts to enforce compliance in the mining sector are commendable, he insisted that such actions must be guided strictly by the law.
He further stated that failure to follow due process could render the decision open to legal challenge.
The legal practitioner noted that even in situations where there is strong evidence of wrongdoing, fairness demands that the affected party be given a chance to respond before final action is taken.
He cited past rulings by Ghana’s courts, including the Supreme Court, which have emphasised the importance of giving all parties a fair hearing before decisions affecting their rights are made.
Mr Brako-Powers added that although investigations may have been conducted, this does not replace the need for a formal hearing before revocation.
He said the ongoing review process and the opportunity now being given to the company to present its case could help address concerns about fairness.
He concluded that while enforcing mining regulations is necessary, it must always be done in line with the principles of justice, transparency and accountability.
