Legal luminary and Accounting Professor Stephen Kwaku Asare, who is popularly known as Prof Kwaku Azar wants members of the defunct Professor Frimpong Boateng led Inter-Ministerial Committee on Illegal Mining (IMCIM) to be responsible for the $15.5M judgment debt.
A Kumasi High Court awarded a judgement debt of $15.3 million against the government following the unlawful seizure of excavators by the Inter-Ministerial Committee on Illegal Mining (IMCIM)
It has also ordered that government pays the mining company, Heritage Imperial Limited an amount of GH¢600,000.
This amount was awarded to the mining firm prospecting for gold in the Apamprama Forest Reserve in the Amansie West District of the Ashanti Region.
The Inter-Ministerial Taskforce on Illegal Mining in December 2018 raided the site of the company and seized the equipment claiming they were engaging in activities outside their mandate.
Speaking to the latest judgement debt, the outspoken lawyer insists that members of the Professor Frimpong Boateng Committee be made to pay the amount and not the state.
He argues that their illegal actions cannot make the state liable and therefore maintained that they should be made to suffer for the consequences of their actions.
“The members of the Inter-Ministerial Committee on Illegal Mining (IMCIM), not taxpayers, should be responsible for the $15.5M judgment debt.
Taxpayers cannot and should not be held liable for the illegal acts of public servants that substantially depart from their lawful official remit.
The IMCIM members acted ultra vires when it confiscated and unlawfully sold equipments belonging to Heritage Imperial Limited and when it directed its boys to do galamsay on the company’s site.
These activities represent substantial deviation from its official remit and the members should not be allowed to profit from their illegal activities while saddling the taxpayer with the debt. #SALL is the cardinal sin of the 8th Parliament”, he wrote in a post.