An Accra High Court presided over by Justice William Boampong has restrained Empire Cement from continuing with the production of cement at its factory at McCarthy Hill in Accra.
In a ruling on Monday, November 21, 2022, the court, ordered the Cement company to cease operation until the final determination of a suit by the McCarthy Hill Residents Association.
Justice Boampong gave the ruling after it upheld an interlocutory application by the association.
According to the court, Empire Cement could not prove that it had the requisite permit from the Environmental Protection Agency (EPA) to embark on mass production of cement.
Justice Boampong in his ruled that Empire Cement Factory cannot produce cement near Pambros, a salt processing factor in the area.
This comes after EPA issued a directive against them, but the company ignored the directive and continue the building which the court saw as operating a cement factory without a permit.
The court again warned the company to stop operations and called on the applicants to be on the lookout for any unauthorized activities of the company.
Case of the residents
The residents contend that the factory possess a health hazard to them due to its proximity to the Weija Dam, their source of drinking water.
Also, it is their case that the residents could be exposed to dust from cement production which is harmful to their health.
“Plaintiff avers that scientific studies have demonstrated linkages between cement dust exposure, chronic impairment of lung function and respiratory symptoms in human population, that also cement dust irritates the skin, the mucous membrane of the eye and the respiratory system,” it said.
According to the residents, there was proof that the EPA had granted Empire Cement Ghana Limited a permit, to produce cement bags and not cement.
“The first defendant (Empire Cement) rather installed equipment for the production of cement leading the second defendant (EPA) to withdraw an earlier permit granted the first defendant to produce the cement bags.
