Dangote's suit incompetent, Kogi Govt tells court

The Kogi Government said on Tuesday that the suits filed by the Dangote Group before the Federal High Court (FHC), Abuja, are incompetent and amount to "forum shopping."

The state government made this known before Justice Binta Nyako in two separate preliminary objections filed by its counsel, Mr. Abdulwahab Muhammed, SAN, challenging the companies' originating summons.

In the applications marked FHC/ABJ/CS/1876/2022 and FHC/ABJ/CS/1877/2022, dated Nov. 8 and filed Nov. 18, the state government sought the order of the court, striking out the suits "for want of jurisdiction and/or consent."

Supreme reports that Justice Nyako had, on October 26, issued an interim order restraining the Kogi government from shutting down Dangote Cement PLC at Obajana in the state pending the hearing and determination of the substantive suits.

The court also stopped the state government from disrupting or suspending the activities of Dangote Coal Mines Ltd. and Dangote Industries Ltd. in Okaba, Ankpa Local Government Area, and Olamaboro Local Government Area, respectively.

The judge had given the interim order following two separate ex-parte motions moved by counsel for the companies, Regina Okotie-Eboh, but filed by Rickey Tarfa, SAN.

Supreme reports that the Kogi government and Dangote group recently locked horns over the ownership of the Obajana cement factory.

The state government had, on Oct. 13, given the cement factory at Obajana 48 hours to shut down in honor of the Kogi House of Assembly, which ordered the company to remain sealed until the conglomerate furnished it with the requisite documents demanded by the state legislature.

But the companies, in the first motion ex parte marked FHC/ABJ/CS/1876/22, had sued the Kogi House of Assembly, the Attorney-General and Commissioner for Justice, the Federal Ministry of Mines and Steel Development, and the Mining Cadastre Office as the 1st through 4th defendants, respectively.

In the second motion, marked FHC/ABJ/CS/1877/22, all the defendants in the first application, except the Corporate Affairs Commission (CAC), were listed as defendants.

The plaintiffs in these suits are Dangote Coal Mines Ltd., Dangote Cement PLC and Dangote Industries Ltd.

But in the preliminary objections, the Kogi government challenged the jurisdiction of the court to hear the suits, which it described as "incompetent."

In a 14-page ground argument brought before the court by counsel to the state government, Mr. Muhammed, the state said that the plaintiffs had instituted a similar suit at a Lokoja division of the FHC.

Muhammed said that the plaintiffs, in suit number FHC/LKJ/CS/49/2022, had sued the Kogi House of Assembly, seeking the determination of the exact question in the current suit.

The senior lawyer told Justice Nyako that they, however, quickly withdrew the suit when the Lokoja court refused to grant their ex-parte application for an interim injunction.

"The plaintiffs have now filed the suit before this honorable court with the intention of obtaining a favorable outcome in the suit."

"The filling of the instant suit before this honourable court is forum shopping, that ought to be discouraged and condemned," Muhammed argued

He said, premised on the above, the plaintiffs' suits are incompetent and cannot be entertained by the court.

The lawyer said the plaintiffs, by the amended originating summons, challenged the power of the state assembly to investigate the loss of internally generated revenue in the state.

He said they also challenged its authority to issue a resolution to suspend, disrupt, or in any manner stop or shut down the mining operations of the plaintiffs or any of their subsidiary companies.

He said that the shares, which the state legislature is investigating, belonged to the people of Kogi.

Muhammed, who said that the state assembly and the office of the attorney general were not federal government agencies, stated that the power of the state's lawmakers "is not within the province of Section 251(p), (gq), and (r) of the 1999 Constitution (as amended)."

When the matter came up on Monday, counsel to the companies, Olusegun Jolaawo, SAN, said the matter was adjourned for mention.

He said he was in receipt of counteraffidavits and preliminary objections from the first and second defendants and that he planned to respond to the applications before the next adjourned date.

Jalaawo therefore sought to amend the name of the 3rd defendant (Minister, Federal Ministry of Mines and Steel Development), and the judge granted the prayer after the defense lawyers did not oppose the request.

The court also granted the state government's lawyer, Michael Adoyi, permission to deem all their processes to have been properly filed.

But Jolaawo, in apprehension that the state might shut down the companies before the next adjourned date, urged the court to compel Adoyi to undertake that the status quo would be maintained until the case is determined by the court.

Responding, Adoyi said, contrary to Jolaawo's submission, the companies, including Obajana Cement, had been operating seamlessly.

The lawyer, who described Kogi as a law-abiding state, said the state government is bound by the rule of law.

"They cannot do anything; the matter is sub judice," the judge said.

Nyako, who said that the case was not a pre-election matter, assured that it would be given an accelerated hearing.

She directed parties to regularise their processes before the next date, including the 3rd defendant's lawyer, Abdulhamid Ibrahim, who pleaded for more time to file his application

The judge, who adjourned the matter until Jan. 23 for hearing, said all applications, including the state's preliminary objection, would be taken.

She said if the objection succeeded, the matter would be dismissed.