Talensi: Concerned residents announce appeal plans after defamation judgment
A judgment entered Friday in a defamation case at a circuit court in Bolgatanga against some natives of Talensi, a district in the Upper East Region, is heading for an appeals court. The defendants― Albert Naa, Augustine Mmi-Oni Guure, Bismarck Zumah, Charles Boazor and Samuel Sapark― announced the impending action in a post-judgment engagement with the press. They look determined and unworried in the face of the judgment. They insist strongly that they did no wrong in the course of executing their duty as citizens to protect the public interest. The five men are members of the Concerned Citizens of Talensi (CCT). The CCT has been involved in a long struggle against some human-rights abuses and violations that have sustained Talensi in the headlines since the arrival of the Shaanxi Mining Company Limited (a wealthy Chinese mining firm) in the mineral-rich-but-deprived district in 2008. Families, including members of the CCT, have lost relations as a result of the abuses and violations. The roads in the district are in states of disrepair. Inhabitants of the district’s mining hub, Gbane, struggle to find clean water to drink― with women and children often seen, particularly in the dry season, scooping littered sand from dry riverbeds in search of water. The presiding judge, Malcolm Bedzrah, directed the CCT members to pay Gh¢40,000 in damages to the plaintiff― the Paramount Chief of Talensi, Tongraan Kugbilsong Nanlebegtang, who claimed a statement made by the civil rights activists defamed him. The judge also ordered them to retract the said statement with an apology. A demonstration in Talensi against powerful figures over human rights abuses and violations. At present, the chief is also in different courts against some other natives of the region over related claims. Some local and foreign observers have shared their opinions about the multiple litigations, describing the “unprecedented” trend as “a suing spree” and “a growing threat to free speech” in the area. He has never attended any of the court sessions in person; he is being represented in all of the cases all the time by his Secretary, Richard Yinbil Sunday, by the Power of Attorney (a written authorisation to represent someone in a business or legal matter). Some international bodies and prominent media houses overseas, following Friday’s judgment, have offered to back the social justice promoters in moral and legal terms as they seek a review of the judgment at an appellate court. It is the first time the outcome of a civil lawsuit is drawing such attention to the region. The already-existing local support for the CCT members has seen a further boost since Friday from more traditional authorities and youths who believe the activists are standing for a cause that is humanitarian and just. The Root of the Court Case The court case between the paramount chief and the CCT members is rooted in an investigation that led to the resignation of a Minister of State at the Presidency, Rockson Ayine Bukari, in 2019. Some officials of the Shaanxi Mining Company Limited (now known as Earl International Group) were caught having secret meetings with a senior High Court judge, Justice Jacob Bawine Boon, in 2018 during an EIB Network investigation on the judicial system. The Chinese company was involved in a civil case before Justice Boon against the Cassius Mining Company (a multinational establishment of Australian origin) at the time. The meetings were held on separate days (late in November and early in December, 2018) at the judge’s residence in the Upper East regional capital, Bolgatanga. Inhabitants of the mining hub struggle to find clean water to drink The Minister of State at the Presidency (Rockson Bukari) sought to kill the investigative story by giving Gh¢5,000 in bribe to the investigator (Edward Adeti) and begged him to not expose the High Court judge and the Chinese company. A brand new motorbike was also presented to the investigator to influence him to hide the findings from the public. An investigative tape has the Minister of State saying he (the minister) took the cash from the Chinese company’s CEO. He is also heard on another investigative tape saying: “… the Shaanxi people, the Tongo Rana (the Paramount Chief of Talensi) and myself, we’ve supported them all along… the Cassius people are not reliable…the Tongo Rana said I should try to tell you (Edward Adeti) not to do it (publish the story) because it would affect them (Justice Boon and the Shaanxi Mining Company Ltd)…” The story was published and the items given in bribes were sent to state security services― the National Intelligence Bureau (known as the Bureau of National Investigations at the time) and the Ghana Police Service― as evidence. Later, the investigative tapes were released and heard in many public places. Justice Boon was disqualified from sitting on the ‘Cassius versus Shaanxi’ case and subsequently was transferred from the region to a remote area in the country, losing his position as the Upper East Regional Supervising High Court Judge. Rockson Bukari resigned his position as a Minister of State at the Presidency for his evident involvement in the bribery scandal. Ghana’s President, Nana Addo Dankwa Akufo-Addo, accepted the resignation letter but the Republic did not prosecute the minister despite calls for him and those he cited on the tapes to be investigated and prosecuted. The Republic prosecuted only three private individuals who were involved or cited in the bribery scandal at the Circuit Court in Bolgatanga. The three individuals― Maxwell Wooma, Charles Taleog Ndanbon and Suwaid Abdul-Mumin― were acquitted and discharged on the basis that the three accused persons and the witness in that Republic trial (Edward Adeti) were not public servants (which the excluded Minister of State and the other big names he mentioned on the tapes were). The CCT members, who had been opining publicly that Shaanxi had been violating human rights with impunity in the area because it was enjoying support from powerful figures at several levels, asked that the Paramount Chief also resign his position as a member of the Council of State and
Tongraan wins defamation case against Concerned Citizens of Talensi
The Paramount Chief of the Talensi Traditional Area, Tongraan Kugbilsong Nalebgetang, has won a defamation lawsuit against the Concerned Citizens of Talensi over a series of traditional media publications on his personality and image. On different occasions, a press release by the Concerned Citizens of Talensi made rounds and deemed to be targeting the personality of the Tongraan. The first publication was on May 20, 2019 with the headline ‘The Tongorana Must Resign From the Council of State and the Tema Oil Refinery (TOR) Board Chairmanship: What is Destroying the Vegetable Leaf is Right Behind it’. This publication was later republished by several media organisations in Ghana and gained a lot of traction from readers on social media. A lot of well wishers including residents of Talensi home and abroad were devastated and worried about the development due to the high profile personality involved, a traditional ruler with high reputation for that matter. The second publication was on June 9, 2019 with the headline ‘Tongorana Must Be Removed from Council of State and TOR board’. This also sparked and created more confusion in the Talensi Traditional Area barely three weeks after publication. The Tongraan, then, decided to seek justice and redress at the law courts. Presiding judge His Honour Malcolm Bedzrah, at the Circuit Court in Bolgatanga, gave the final verdict for the case on Friday, July 30. The Court found that the comments published were defamatory and were published on several media platforms including New Crusading Guide. Having found that the publication was defamatory, the Court sought from the defendants if they have any evidence on record to show that their allegations were true since the allegations were founded on the commission of crime. However, there was no evidence on record to show that the plaintiff had committed the offence alleged by the defendants. The defendants were ordered to retract and apologize to the plaintiff personally and publish same through the same medium of publication. The Bolgatanga Circuit Court, having found that the plaintiff did not plead or ask for special damages, awarded general damages of GH¢30,000.00 and a cost of GH¢10,000 against the defendants, who were represented by Samuel Sapark, Charles Boazor, Augustine Guure, Bismarck Zumah and Albert Naa. —3news Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Unexpected clash between Yenyeya and Shaanxi goes to High Court
A clash that came out of the blue between the Yenyeya Mining Enterprise and the Shaanxi Mining Ghana Ltd has gone to a High Court in Bolgatanga where the former is seriously seeking “relief for damages resulting from injury” reportedly caused by the latter and two other entities. It never was expected that the two parties would end up fighting each other fiercely today as they had worked so close in unbroken harmony since they entered into a business partnership in 2008. The Shaanxi Mining Ghana Ltd, owned by a Chinese tycoon Wei Xing, had been rendering technical support services to the Yenyeya Mining Enterprise at Gbane, a community in the Talensi District, prior to the clash. The two business entities entered into an agreement in 2008. Reports about an internal discord erupting between the two partners seeped into the public domain when Charles Taleog Ndanbon, a Ghanaian-born Managing Director of the Yenyeya Mining Enterprise who is credited with bringing Shaanxi to Talensi about 13 years ago, began to complain in the open about the same Chinese company. According to Ndanbon, Shaanxi (the guest partner) had initiated a unilateral move to go into a large-scale mining business under the name “Earl International Group (GH) Gold Mining Limited” and had hatched a plot to take over the concession that belonged to Yenyeya (the host partner) and to exclude Yenyeya from the proposed large-scale mining regime. Not too long ago, he also publicly claimed something incredible happened to him as he was making his way one day to his office which was inside the Gbane yard he shared with Shaanxi. He said when he was about to drive into the compound freely as usual of him as a host and a boss, he was disallowed at the gates to the ‘Jericho Walls’ by the security personnel who, according to him, said they had been strictly instructed by the Shaanxi chief, Wei Xing, to keep him off the yard. He also said he reported the development to police upon advice from confidants. And weeks later, he headed for court. But before then, he had recapped some of the complaints in a press statement also seen on social media platforms. Statement of Claim A Statement of Claim attached to the Writ of Summons, which also was dispatched from the High Court to Wei Xing as 2nd Defendant and the Earl International Group (GH) Gold Mining Limited as 3rd Defendant, has the Yenyeya Mining Enterprise also seeking for a court declaration that Shaanxi (the 1st Defendant) is in breach of a “Contract Mining and Management Agreement” purportedly executed between Yenyeya and Shaanxi on September 24, 2008. The Plaintiff (Yenyeya Mining Enterprise) also wants the court to order for the appointment of “an independent professional auditor” to audit the “mining operations and other related activities” that have been carried out inside the Yenyeya Mining Enterprise’s concession from 2008 to date. Besides, the Plaintiff is praying the High Court to pronounce a restraining order “in the nature of a perpetual injunction” stopping Earl International Group (GH) Gold Mining Limited “from doing illegal mining and related activities” in the Yenyeya Mining Enterprise’s small-scale concession and from entering the concession until the court case is over. Furthermore, the Yenyeya Mining Enterprise is seeking “relief for damages resulting from injury caused to Plaintiff’s rights by the willful and malicious conversion of Plaintiff’s ownership of its small-scale mining concession by the defendants”. It is also looking for relief for “damages sustained from injury to Plaintiff’s property resulting from breach of contract and the unauthorised and wrongful exercise of control over Plaintiff’s concession by the defendants”. The Yenyeya Mining Enterprise, in the last paragraph of its Statement of Claim, wants the court to declare an order for Shaanxi Mining Ghana Ltd to pay the Plaintiff “produce of gold due and owing for the last three years as well as interest on the said debt at the prevailing commercial bank rate until the date of final payment”. By Edward Adeti Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
Confirmed: Nine dead bodies retrieved so far from a mining pit in Gbane as rescue continuous
Apexnewsgh can confidently report that nine human dead bodies have been retrieved from a mining pit in Gbane in the Talensi District of the Upper East region. According to the Upper East Regional Chairman of Small scale miners Robert Tampore Boazor who spoke to Apexnewsgh in an interview Thursday morning said, after a two-day effort of pumping water out from the mining pit where the deceased was trapped following the Monday heavy downpour in Gbane community, they were able to retrieve nine dead bodies. The nine bodies according to Mr. Tampore Boazor was handed over to the families of the deceased after some level of checks by a doctor. He further pointed that, even though nine dead bodies have been found, they will intensify their search this Thursday morning in search of two to three others individuals missing. Meanwhile, Stephen Yakubu the Upper East Regional Minister visited the scene as he announced that a committee will be set up to investigate the cause of the tragedy and other mining accidents in the area. However, the leadership of the small-scale miners in the Upper East region has blamed the incident on a flood caused by a shoddy bridge construction in the area. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 05555568093
UER: Tindaama’s youngest chairman vows to fight exploitations
A newly elected Chairman of the Talensi Tindaama Association, Wagbil Bobazaa, has spoken of his readiness to ensure that all lands in Talensi, a mineral-rich district in the Upper East Region, are protected from any form of exploitation. At 27 years, the new chair is said to be the youngest figure to lead the association he joined after he was installed as a traditional landowner at the age of 22. Tindaama— a plural word for Tindaan, which means a traditional landowner in Talen, the language spoken in Talensi— are custodians of lands and spiritual leaders in their various jurisdictions. Wagbil Bobazaa, who is the Tindaan for Tindongo, a community in the east of the district, made this pledge after he defeated his sole contender, Tindaan Togbazaa, at a keen chairmanship election that saw him obtain 19 votes of the 30 total valid votes cast. Tindaan Togbazaa, who is the traditional landowner of Yinduure, a community in the west of the district, polled 11 votes. “I humbly ask for your firm support so that together we can successfully fight for our rights as traditional landowners. I am very humbled by the confidence you have reposed in me by electing me as the chairman of the association despite the fact that I am so young. I will ensure that our lands are protected against any form of exploitation. I will not let you down,” said the new chairman. The association was established in 2014 to put a stop to recurrent mining-related deaths, unapproved takeover of lands, environmental degradation caused by individuals and groups and to protect sacred groves and rivers which serve as shrines in the district. Tindaan Togbazaa, as the runner-up of the chairmanship contest, is now the Vice Chairman of the association. Clement Kojo Bukari, a retired regional director of agriculture better known as C.K. Bukari, was maintained at the election as the association’s Coordinator. Whilst the Secretary position went to Maxwell Bakevolimah, Isaac Kudoog was voted as the Assistant Secretary and Michael Neebazaa secured the Treasurer position. The traditional landowners made a joint appeal after the electoral exercise to benevolent corporate entities to support the association financially so it could function as it should. They also underscored the need for unity to prevail among members of the association in the interest of Talenteng (the Talensi homeland) Daily Mail Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0555568093.
Tension in Talensi as 11 Tindaama clash with Tongraan over Chinese miners
Tension is rising in Talensi, a mineral-rich district in the Upper East Region, as traditional landowners (Tindaama) and the Paramount Chief of the area, Tongraan Kugbilsong Nanlebegtang, are seriously engaged in an unusual clash that has also generated disquiet among security watchers. The ‘supremacy war’ is grounded in a recent controversial move by the Earl International Group (GH) Limited—a new name said to have been adopted by the familiar Chinese-owned Shaanxi Mining Ghana Limited— to “unduly” take over more land in the deprived district for large-scale mining purposes. That move, strongly opposed by the natives of the area who say the action was being made without due consultation with the appropriate stakeholders, drew widespread anger with some traditional landowners also petitioning the Environmental Protection Agency (EPA) to pay no attention to an application letter written by the Earl International Group (GH) Limited to the EPA for permit. Whilst the Tindaama were waiting for a reply to their petition from the end point, the Tongraan wrote to the EPA, urging the agency to ignore the petitioners (the Tindaama). The letter is dated 11th September, 2020, and captioned “Re: Objection to Refrain Earl International Group Ghana (GH) Limited from Mining at the Gbane Gold Project.” And it reads: “Our attention has been drawn to the [above-mentioned] issue said to have been raised by the Tindongo, Duusi and Sawalig Tindamas requesting your outfit [to] not approve of the permit application submitted to your office by Shanxi/ Earl International Mining Group (GH) Ltd. I wish to state that you ignore such a request. The Talensi [Traditional] Council and the paramountcy which is made up of all the traditional rulers (both Chiefs and Tindamas) is the supreme body headed by the Tongraana and it is the supervising authority in the Talensi Traditional Area within the Talensi District. Any matters relating to the mining/land should be brought before the Talensi Council without which remains invalid. “It must be noted that Stool Land Administration in Talensi Traditional [Area] conforms to the Stool Lands Administrations Act 1994, and all issues related to such matters have to be handled and dealt with according to the [laid-down] procedures. The Tongraana has supervisory, jurisdictional and territorial control of the people, land, rivers, etc. in all of ‘Talenteng’ (Talensi Traditional Area). This should be well noted so as not to allow people who are self-seekers and [confusionists] to create any conflict in the area. It should be noted that the paramountcy has for some time tolerated activities of some persons [who] are inciting people in the area to create confusion in the area. The paramountcy advises that such persons should desist from such acts in their own interest.” Your letter full of inaccuracies, jokes and borne out of greed— Tindaama tell Tongraan in rebuttal Eleven traditional landowners wrote back to the EPA, saying the content of the Tongraan’s counter letter was driven by “greed, egoism and parochial interest”. “When we received the letter, the content appeared as though it was a joke considering the number of grammatical errors and the letting out of stream of thoughtless invectives against the Tindaama and the people of such communities as self-seeking and confusionists who only seek to create confusion in the area. Has Tongraan met with the Tindaama he is referring to concerning Earl International Group (GH) Gold Limited’s intention to do large-scale mining in Talenteng? If he has met with them concerning this issue, what decision was taken about the exploration activities on our lands and when was that decision taken? Tongraan should remember that in May, 2018, the Tindaama in a letter stated clearly and unequivocally that they were not ready to co-sign any lease with him or any of his sub-chiefs. Attached is the letter for reference. Why should Tongraan be responding to a letter that was addressed to a state institution responsible and capable of addressing our concerns? “The Tongraan, in an attempt to consolidate his position on the matter, churned out a number of inaccuracies on land ownership and administration in his letter to the EPA. What is his locus in attempting to direct the EPA to ignore our concerns? It must be pointed to the Tongraan that there is no such thing like a supervisory body that controls and supervises lands belonging to individuals or clans when it comes to mining activities. His request should rather be ignored. It only exists in Tongraan’s mind purely borne out of his greed, egoism and parochial interest. Tongraan must know that there is something called Social Licence to Operate (SLO) when it comes to mining. The Social Licence to Operate, though an informal contract with the people, [is] yet very critical for success of any mining activity in a community,” the traditional landowners stated in their reaction. Your continued tyranny, distortions of historical facts unacceptable— Tindaama to Tongraan The Tindaama also rubbished the Tongraan’s reference to the Stool Lands Administration Act 1994. They said his claims stood on “mosquito legs” because “he should know that in the Upper East Region, and Talensi to be precise, lands belong to individuals, families and clans with the Tindaama having the oversight responsibility of such lands and not chiefs”. They made it clear that they would bow under “no amount of inferior tactics” on their demands “to be engaged with, treated fairly and adequately compensated for the use of our lands by Earl International Group (GH) Limited”. “We are determined to galvanise the efforts of the generality of our people to resist Tongraan and his new found friends (Earl International Group (GH) Gold Limited) in respect of exploration activities on our lands without properly engaging us. The current Tongraan, through his actions and behaviour, seems to suggest that we are in a master-servant relationship with him. His continued tyranny, distortions of historical facts, lack of respect for the people of Talensi is unacceptable. He must be told in plain language that no court in Ghana will endorse his attempt to dispossess landowners of their lands