BUA Group has warned Dangote group to remove its excavators and trenches
used in barricading the entrance of Obu Mines in three days or face
contempt of court proceedings.
BUA Group in a statement said that
Dangote in its not so surprising tactic and in total disregard for the
court and rule of law has laid siege on BUA’s Obu mines Okpella by
placing excavators and creating trenches at the entrance to effectively
prevent BUA Vehicles from operating at the mining sites even after a
competent Federal High Court in Benin recently granted BUA rights over
the mines.
While drawing public attention to the Dangote’s
illegal self-help measures, BUA warned Dangote to restore access to its
mining sites, by refilling the trenches and removing their excavator,
within three days or it will Institute contempt proceeding against the
Dangote Group and Patrick Omokagbor, an employee of the Dangote Group
who coordinated the contemptuous act, acting on the instruction of
Devakumar Edwin - an Indian and a director of the Dangote Group.
BUA
further urged Dangote to obey the rule of law which is the pillar and
foundation of any democracy noting that no one is above the law no
matter how highly placed, powerful or influential. BUA also advised
Dangote to Appeal the court's judgement instead of engaging in illegal
tactics.
According to the statement: "BUA Group is set to
institute contempt of court proceedings against Dangote Group, Dangote
Cement and two of its employees after the company flouted the recent
judgement of the Federal High Court in Benin which granted BUA the
rights to peaceful possession of its Obu Mines Okpella pending the
determination of the other two suits before it."
"BUA wishes to
draw the attention of the general public and the relevant authorities to
the brazen attempt of the Dangote Group to frustrate a recent judgment
of a Federal High Court, Benin in Suit No. FHC/B/CS/101/2017: BUA v. IGP
& Ors, in a bid to deprive the BUA Group of the fruit of its
successful litigation."
"It would be recalled that BUA instituted
the aforementioned Suit in 2017 following the audacious and unlawful
disruption of BUA operations at the mining sites in Obu, Okpella, Edo
State by the Respondents in the Suit (the Nigeria Police, Dangote
Industries Limited, and Dangote Cement Plc)."
“BUA Group
approached the Court to protect its fundamental right to peaceful
possession of the mining sites and specifically applied to the Court for
an order restraining the Respondents from further interfering in any
manner whatsoever with BUA’s operation of the mining lease sites.
Subsequently, an order of the court was granted restraining the 1st and
2nd Respondents (The Police) as well as the 3rd and 4th Respondents
(Dangote Industries & Dangote Cement Plc) from interfering with BUA
operations in the mining sites, on 28th May 2020.
The judgment of the court is very clear and explicit as the court ruled inter alia:
“That
an order for an interim injunction is hereby granted against the 1st
and 2nd Respondents (the Police) and the 3rd and 4th Respondents who are
hereby restrained from interfering in any manner what so ever with the
said mining lease site pending the determination of the 2 pending suits
No. FHC/B/CS/7/2016 & FHC/B/CS/74/2016 before Honorable Justice
Ajoku of the Federal High Court Benin accordingly.”
“However, in
total disregard of the judgment of the Court and of the rule of law, on
15th June, 2020, the Dangote Group commenced excavation and dredging of
the access road and surroundings to the mining site, which the Court had
hitherto restrained it from; thereby creating huge trenches to
effectively prevent BUA Vehicles from operating at the mining sites (a
major disruption and interference with BUA’s possessory rights).
Mr
Patrick Omokagbor, an employee of the Dangote Group, coordinated the
contemptuous act, acting on the instruction of Mr, Devakumar Edwin - an
Indian and a director of the Dangote Group. Please see attached pictures
of the trenches dug by the Dangote Group.
“It is imperative to
note that the resort to self-help by the Dangote Group is not a one-off
occurrence and is instead a continuous, relentless and incessant
endeavour to undermine the judicial process, which BUA has submitted to.
Recall that prior to the Dangote Group disrupting the operations at the
mining sites in 2017, it had approached the Courts in 2016, for a
restraining order against BUA in Suit No. FHC/B/CS/74/2016 - Dangote
Industries Limited & Anor. v. BUA International Limited & Ors,
that was initially granted ex parte, but set aside by the Court upon
challenge by BUA. It was therefore after the unsuccessful sojourn to
Court that the Dangote Group resorted to the illegal self-help measures
to stop operations at the mining sites.
“BUA wishes to reiterate
its position that no one should be above the law, no matter how highly
placed, powerful or influential, as the rule of law is the pillar and
foundation of any democracy. The appropriate remedy available to a party
disgruntled by the judgment of Court is to file an Appeal; a right that
the Dangote Group has already exercised.
“We hereby demand that
the Dangote Group immediately restore the access to the BUA mining
sites, by refilling the trenches and removing their excavator, within
Three (3) days from date of this notice, failing which BUA shall
commence contempt proceedings against the Dangote Group and the 2 named
officials – Edwin Devakumar and Partrick Omokagbor”
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