Nana Yaw Ofori and Nana Akosua Pomaa, Chief and Queenmother respectively of Apitikooko in the Obuasi West Municipality, and others have filed a writ against AngloGold Ashanti and the Environmental Protection Agency (EPA), first and second defendants.
The legal battle has to do with mining activities and the deposition of tailings on the South Tailing Storage Facility (STSF) considered harmful to the health of the residents of the community.
As a result of the lawsuit of May 19, 2022, the Standard Board Authority (SBA) is to undertake toxicology studies of lands, water storage and bodies at Apitikooko.
A Kumasi High Court, presided over by His Lordship Justice Daniel K. Obeng, on November 2, 2023, ordered the SBA to carry out studies to determine the health effects of the activities of AngloGold Ashanti within Apitikooko Stool Lands and community.
The said toxicology studies and report was at the instance of counsel for AGA for the plaintiffs to furnish AGA, as the first defendants, with the discoveries to be able to defend the reliefs against them.
AngloGold wants the plaintiffs to produce reports generated by institutions after testing of water samples, photographs on respect of food crops, water storage facility, streams, pen drive containing sufficient information and medical reports on health conditions of the plaintiffs.
Mr. Percy Baidoo, Industrial Relations Officer of AGA, in an affidavit of support of a notice on motion for discoveries, deposed that following discussions between the parties said there was the need for the plaintiffs to produce reports generated by institutions for the perusal of the first defendant to enable it mount a comprehensive defence hence the court order.
The plaintiffs are claiming general damages for negligence, trespass and a declaration that the mining activities of the first defendant and deposition of tailings on the South Tailing Storage Facility (STSF) by the first defendant with the active support of the second defendant is injurious , inimical harmful dangerous to the plaintiffs.
They claim the defendants had failed to comply with the requirements of the Mining Act 1986 of PNDC L 153 as amended by the Minerals and Mining Act of 2006 Act 703 and as further amended by Act 900 of 2015 among other Legislative Instruments.
The plaintiffs by the writ also seek a declaration that the deposition of the tailings without recourse, proper reasonable and refined procedure and process to ensure the safety and health security of the Plaintiffs is a violation of their inalienable right and which said abuse or violation has affected the health of all plaintiffs and their farming activities.
They claim entitlement to payment of a reasonable amount of money as compensation having had all the streams, rivers, streamlets, soil, food and cash crops at Apitikooko affected by the deposition of tailings at the South Tailing Storage Facility (STSF).
The complainants are seeking an order of the court to close down the South Tailing Storage Facility (STSF) constructed on Apitikooko stool land.
In a statement of claim, the plaintiffs, who are all farmers, argued that they are no longer into farming because their farm lands have been “poisoned” as a result of the dangerous, poisonous and highly toxic contents of materials deposited at the South Tailing Storage Facility by the first defendant.
They claim that water samples submitted to the various institutions for testing have all failed to meet the Ghana standard for drinking water due to high levels of its colour, turbidity, conductivity TDS, TSS manganese and total coliform bacteria.
It was also stated that following the nature of deposited materials and high level of all sources of water both running, pipe borne and mechanized ones on the entire Apitikooko Stool Land have been affected compelling plaintiffs to resort to sachet water and bottled water for consumption and other activities.
As a result, the plaintiffs have alternatively demanded that they are resettled by the first defendant.
- K. Osafo-Buabeng Esq. is the Solicitor for AngloGold Ashanti while the plaintiffs are represented by Nana Obiri Boahen of “Nso Nyame Ye” Chambers in Sunyani.
