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Kogi dispute: Dangote faults court’s verdict, heads to appeal
Dangote Industries Limited has filed a suit at the Court of Appeal in Abuja to challenge a ruling of a High Court of Kogi State seeking to give priority to a filed suit by the state government in ownership dispute over Obajana Cement plant.
In its suit, the Kogi State government had sought to, among others, void the agreements, dated July 30, 2002, and February 14, 2003, between the state and Dangote Industries Limitetd on the cement plant.
The government claimed lack of due consideration, which it argues, constitutes an essential ingredient in a valid contract.
But Dangote Limited filed a motion seeking that parties be referred to arbitration, as provided for in the agreement, and to stay further proceedings in the substantive suit, pending the conclusion of the arbitration process.
In a ruling on December 8, Justice R. O. Ayoola of the Lokoja division of the High Court of Kogi State, rejected the arguments by Dangote’s lawyers, Paul Usoro (SAN) and Reuben Atabo (SAN), that it was the practice that where a motion is seeking referral to arbitration, the court is required to first determine such motion before taking any further steps.
Justice Ayoola upheld the argument by Kogi State’s lawyer, Abdulwahab Mohammed (SAN), that it was tidier to hear Dangote Limited’s motion along with the substantive suit.
In its five-ground notice of appeal filed on December 13, Dangote Limited prayed the Court of Appeal to set aside Justice Ayoola’s December 8 ruling and invoke its powers under Section 15 of the Court of Appeal Act by hearing and determining the motion separately.
In the first group of appeal, Dangote Limited faulted the trial court for electing to hear Kogi State’s suit along with its motion on notice, “praying the court for an order staying further proceedings in the suit pending reference to arbitration and the conclusion of the arbitral proceedings and settlement of the dispute declared by the claimant pursuant to and in accordance with the arbitration agreement contained in the agreement between the parties that was executed on July 30, 2002”.
The company argued that Section 5(1) of the Arbitration and Conciliation Act, under which it applied for referral to arbitration, makes it imperative for the courts to take arguments on and determine its motion on a standalone basis before proceeding with any other business in the suit.
“A consolidated hearing of the appellant’s arbitral reference motion with the respondent’s substantive suit, as ordered by the lower court, would require the appellant to take ‘steps in the proceedings’ by filing its counter-processes in the substantive suit, contrary to the express provisions of Section 5(1) of the Arbitration Act,” it said.
Dangote Limited also faulted the Kogi High Court for ordering it to respond to the substantive suit when it was yet to hear and determine its motion for referral, as required under the Arbitration Act.
The company averred that the lower court, by its ruling adjourning the suit for a consolidated hearing of the appellant’s arbitral reference motion and the substantive suit, threatened to abridge the fundamental right of the appellant, as enshrined in Section 36(1) of the Constitution.
It argued that the lower court is without jurisdiction to entertain the Kogi State’s suit without first hearing and determining its motion seeking referral to arbitration separately.
“The provisions of sections 4 and 5 of the Arbitration Act, pursuant to which the appellant’s arbitral reference motion was brought, rob the lower court of jurisdiction to entertain the respondent’s originating summons howsoever prior to the hearing and determination of the appellant’s motion,” Dangoted Limited said.
On Ground Five, the company argued that the lower court was misdirected in law by failing to hear and determine its motion on a standalone basis, prior to determining any other issue in the suit.
It added that since the lower court failed to determine its motion, it is now left for the Court of Appeal “to exercise its discretion to hear and determine the motion as the court of first instance and make such interim orders which the court below is authorised to make or grant”.
For those believing that President Bola Tinubu’s exclusion of Humphrey Nwosu, the late Chairman of the defunct National Electoral Commission (NEC), was an error that would be corrected subsequently, their expectation came to naught on Friday, with his non-recognition once again.
In a surprise outing, the President failed once again to name the late Professor of Political Science as one of the Nigerians honoured, on the day Nigerians would be celebrating this year’s anniversary of June 12, designed to mark the historic 1993 presidential election, which has now been designated as Nigeria’s Democracy Day.
It was a day Moshood Kashimawo Olawale Abiola (MKO), the candidate of the defunct Social Democratic Party (SDP), was elected President in a transition programme undertaken by the military government of then President Ibrahim Badamasi Babangida (IBB).
Expectations are that because the Option A4 model used in achieving the outcome of the election, acknowledged as the freest and fairest election in Nigerian history, the late electoral commission’s boss, would feature prominently in the list of those to be honoured by the government.
But another list contained in the national broadcast by the President, suggested that the position of the treatment meted to the former NEC Chairman, reflected the thinking in the All Progressives Congress (APC), as the late President Muhammadu Buhari, Tinubu’s predecessor, under whom June 12 was given national recognition.
The list, populated mainly by names from the South West, which included both civilians and military personnel, did not capture the category of national honours to be bestowed on the recipients, as the government said further information would be released in due course.
Prominent among those recognized, was Shehu Musa Yar’Adua, a General and former Chief of Army Staff, Supreme Headquarters between 1976 and 1979, under the military regime of Olusegun Obasanjo, who died in Abakaliki Prison in 1997, where he was detained for allegedly participation in carrying out a coup against Sani Abacha, then Head of State.
Tinubu, said the completed Institute of Petroleum Studies, Kaduna, would now be known as General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology, to honour the General, who later became a prominent figure in Nigerian politics, “for his vision of national partnership.”
Listing the other names, Tinubu said: “I am also pleased to announce national awards to the following Nigerians, who suffered persecution, endured indignities, exile, incarceration, and, at times, solitary confinement, so that we have democracy today.”
The recipients included: Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole and the duo of Lade Bonuola, former Managing Director of The Guardian and Femi Kusa, former Editor of the Nigerian foremost newspaper.
Others, were: Debo Adeniran, Ayo Opadokun, Chief Ralph Obiora, Ose Osayande, Osa Director, Sylvester Odion-Akhaine, Arthur Nwankwo (Posthumous) and Osagie Obayuwana, all pro-democracy activists.
The list also included Joe Okei-Odumakin , Titus Mann, Joe Igbokwe, Richard Akinnola, Ben Charles-Obi (Posthumous), George Mbah Niran Malaolu, Ishola Williams, a retired Major-General, Femi Aborisade, Jenkins Alumona, Gbemiga Ogunleye, Muyiwa Adekeye, Babajide Kolade-Otitoju and Ike Okonta.
“We also recognise the soldier-democrats of the June 12 struggle: Major General MA Garba, Brigadier General Lawal Jaafaru Isa, Col Umar Farouk Ahmed; Col Sambo Dasuki;
Col Lawan Gwadabe; Brigadier Jonathan Ndam Temlong, Col Musa Shehu; Major General Chris Eze; Major General Harris Dzarma; Col Isa Jibrin; Maj. General Joseph Oshanupin; Col Olusegun Oloruntoba, Olugbede of Gbede Kingdom), Lieutenant Colonel Happy Kefas Bulus, Col J Okai;
Col Emmanuel Ndubueze; Lt Col Yakubu Muazu and Brigadier Yahaya Abubakar, the Current Etsu Nupe, who is already the holder of the CFR title.”
From Godswill Obot Akpabio, Senate President, came a definitive message to Nigerians on Friday – the future is bright, the road is clear and destination is assured under a strong, visionary and purposeful democratic leadership of President Bola Tinubu.
But he also raised a proviso – since democracy is participatory all citizens of the country, must get involved in providing the planks, which when nailed together, would enable the leaders fortify the platform for its growth, to enhance a robust, viable future.
These formed the fulcrum of his admonishment, as he joined other national leaders to celebrate Nigeria’s 27th anniversary of uninterrupted democracy, in which it not only broke the vice grip of military rule, but witnessed seven election circles to choose leaders at both national and other levels of government.
Akpabio, Chairman of the National Assembly, Nigeria’s lawmaking institution, was particular about the participation of the Nigerian youths in making his admonition come true, reminding them that they actually owned the future being fashioned today.
Conveying his message through Eseme Eyiboh, his spokesman the former Governor of Akwa Ibom State and former Minister of Niger Delta, also called on Nigerians to embrace unity, vigilance, and active participation in nation-building, commending them for showcasing resilience and support for democracy despite some low moments.
Noting that democratic experiment remained a testimony of endurance despite years of agitations, he said: “On behalf of the 10th National Assembly, I congratulate every Nigerian for the sustenance of democracy for close to three decades. Mistakes have been made in the course of this journey but we will surely get to the desired destination with your support.”
“Democracy should extend beyond the conduct of elections and be anchored on accountability, justice, compassion and service to the common good.”
Particularly for the Nigerian youths, he was emphatic about their active participation in the nation’s political process stressing that the younger generation forms the fulcrum of leadership succession.
Hear him: “As we commemorate June 12, I wish to encourage the youth not to sit on the fence but be active participants in the nation’s political activities. The youths constitute the fulcrum of those who will succeed us tomorrow.
“Let us therefore rededicate ourselves to the ideals of freedom, transparency and accountable government, social justice, and active citizen participation, especially the youths.”
The Senate President, also spoke the current parlous state of carnage in the country, appealing to Nigerians to unite with one another and cooperate with the government to tame “the monster that has befallen the nation.”
Assuring that Tinubu’s administration remained committed to ending the menace and securing the release of all persons in captivity, he said: “I urge every Nigerian to support the administration of President Bola Ahmed Tinubu in her efforts in fighting terrorism. We understand the pains you are going through but the government is not resting on its oars and hopefully we shall overcome this current challenge and all will be well with Nigeria.”
Seriake Dickson, National Leader of the Nigeria Democratic Congress (NDC), on Wednesday showcased Peter Obi, its presidential candidate in the 2027 election, but gave a proviso – his importance would not be at the expense of the party.
A guest on Prime Time, a public affairs programme on ARISE NEWS Television, the former Governor of Bayelsa State, now Senator representing West at the National Assembly, maintained that the belief in some quarters that Obi’s entrance into the party was a favour was completely misplaced.
Instead, he argued that the opposite was the case, as it was the party that was doing its candidates a favour by giving them the opportunity to contest elective positions on its platform in the 2027 elections, a gesture that ought to be returned.
Hear him: “Don’t make it look like anyone is doing NDC a favour. No one is. Rather, the NDC and I and my colleagues are doing people a favour by granting our platform. If you are genuinely supporting Peter Obi and you are disparaging me, the leader, or the platform itself. That is nonsensical.”
Stressing that NDC had demonstrated confidence in Obi by adopting Obi as its sole presidential candidate and selecting a vice-presidential candidate without internal disputes, he said it was enough to earn its leadership the gratitude it deserved.
He added: “Nobody paid shishi. So, if a presidential candidate didn’t pay shishi to be made the sole presidential candidate and sole vice-presidential candidate, that same party cannot be the one saying that small people are underprivileged.
“I could have run. There’s no one more qualified than me. There’s no one more qualified than me to run for presidential candidate. None. There is no crisis within the NDC. Peter Obi is a cherished member of our party. On our own, we have made him a presidential candidate. Sole presidential candidate. And that counts for something. We are working well together. There’s no crisis.”
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