Somé Traditional Council Objects To Gazette Notification In Favor Of Elite Minerals And Planet One Natural Resources

1. .
11th October, 2023.
THE CHIEF EXECUTIVE OFFICER
MINERALS COMMISSION
ACCRA
THROUGH:
THE MUNICIPAL CHIEF EXECUTIVE
KETU SOUTH MUNICIPAL ASSEMBLY
DENU, TOKOR
Dear Sir,
RE: NOTICE OF OBJECTION- GAZETTE NOTIFICATION IN FAVOUR OF ELITE MINERALS
(GH) LTD AND PLANET ONE NATURAL RESOURCES GHANA LTD.
I write as the Paramount Chief of Somè Traditional Council in respect of the above
subject matter and subsequent object to the Gazette Notification accordingly.
Respectfully, the Gazette Notification in favour of Elite Minerals (Gh) Ltd for
Restricted Mining Lease and Planet One Natural Resources Ghana Ltd for Prospecting
License is raising a critical concerns among Land Owners, the affected communities
and Somè Traditional Council which this objection intends to point out.
Humbly, despite the fact that Article 257 (1) (2) and 258 (1), (a), (b), (d), (e) of 1992
Constitution of Ghana conferred powers on the State, the Commission’s action has not
only violated the underpinning principles of equity at law but also contravened the
procedural law. Be however informed, that the state cannot acquire the allodia title
through conquest as that use to be one of the modes used by some of the powerful stools
and Skin to forcibly acquire new territory. It is therefore a fact on record, that
acquisition of allodia title through conquest has become a thing of the past as wars has
been criminalized.
The Paramountcy need not to inform the Commission, that its decision to gazette the
land in favour of the above companies without prior consultation with Land Owners
amounts to misappropriation of Commission’s powers. The act of the Commission has
infringed upon the Land Act, 2020 (Act, 1036) section 44 and article 268 of 1992
Constitution, since the contract has affected the bargaining power of the Land Owners.

2. This is to say, that the Landlords in this circumstance case, were not consulted before
the Commission started dealing with the above companies.
Accordingly, the Land Act, 2020 (Act 1036) section 340 – 349 established the
procedure for interest by the government whereas article 20 (1) of 1992 Constitution
fortified the right to consult stakeholders and pay adequate compensation to affected
persons in accordance with law.
The law further provides, that any acquisition made contrary to article 20 (1) of the
1992 constitution is void. This is to say, that the state shall not acquire land from
individuals / corporation / families / stool or Clans without having a stakeholder’s
consultation / engagement with persons with interest to the land or to the affected
persons.
Respectfully, the Paramountcy is mindful to the fact, that section 4, of Act 703 has
power to reserve land for mining purpose. This power can only be variously exercised
by observing article 35 section (7) and (8) of 1992 Constitution of Ghana respectively.
It is therefore well noting that Seven Seas Salt Ltd in an attempt to expand its operations
in the year 2020 and in accordance with Minerals Land acquisition procedures
approached the Land Owners for Right of Entry to enable the company undertake
survey works before submitting its application to the Minerals Commission. To the best
of my knowledge this same concession the subject matter of this Gazette Notification
was granted to the Seven Seas Salt Ltd with a Grant Letter dated 11th
January 2021 upon
which the Land Owners entered into Compensation Agreement with the Salt Company
and monies were determined and paid to all land owners by a Land Consultant hired by
the Municipal Assembly witnessed by the Minerals Commission.
For us to sustain our fishing activities as means of protecting our interest at the same
time allowing the Central Government to raise the needed revenue, and for the company
also to undertake its operations peacefully, it was agreed that salt production could only
be undertaken within the Adina Concession while both Adafienu and Agavedzi/Blekusu
Concessions be used solely for circulation / evaporation of sea water. This agreement is
to ensure alternative economic measure during the ban on fishing activities on the sea
that comes every year hence our strong objection to the current gazette notification.
It is therefore not fair for the Minerals Commission and the Ministry of Lands &
Natural Resources to accuse the Seven Seas Salt Company for working illegally whilst
the Commission was fully aware of the company’s intentions to constructing dykes for
protection of its boundaries as contained in a letter dated 28th
June, 2021 sighted by the
Traditional Authority. Surprisingly this letter which sought to advise the company as to
how to handle a community agitation was authored by the Chief Inspector of Mines.
One wonders as to how a company that received a grant, paid all statutory fees and
informed all stakeholders ie, the Minerals Commission, the Municipal Assembly and

3. the Local Authorities of its intention to protect boundary of its concession with
documents to show could still be accused of operating illegally.
Notwithstanding all issues raised above, Somè Traditional Council once again wants to
reecho its Surface Right Compensation Agreement with Seven Seas Salt Company out
of which monies were disbursed in January 2021 to all identified land owners. In view
of the agreement executed between the parties, the Paramountcy and Land Owners are
vehemently objecting to the decision of the Commission to grant this same land to any
other company other than Seven Seas Salt Company which has already paid all statutory
fees for the land and could not have been accused unjustly because of an incident
involving minors who were fishing under the supervision of their parents within the
lagoon
Again, we also realized, that the land being allocated to the Elite Minerals (GH) Ltd and
Planet One Natural Resources Ghana Ltd is the same Adafienu Concession but with
different names. In view of this, my communities will be affected when the concession
is used for salt crystallization ponds. As stated earlier, Seven Sea Salt Company agreed
to circulate water in the said concessions for evaporation whilst communities also use it
for fishing purposes. We therefore view the gazette notification as an economic
sabotage/threat to the whole of Somè Traditional Council and therefore call on your
good office to reconsider your decision. We also advised the Honourable Minister to
resolve this matter for peace and development of Somè Traditional Area.
For Somè Traditional Area to succeed. It is our specific position to demonstrate the
right at law or in equity and maintain the nature, status quo and the character of the
property. We therefore object to the above gazette notice accordingly.
We thus attached evidence of documents for your perusal.
Thank you.
Yours faithfully,
(TORGBIGA ADAMAH III)
MAKORSOR OF SOMÈ
0595521543