Obajana: Kogi institutes legal action against Dangote Group

THE Kogi State government has instituted a case against the Dangote Industries Limited at a Kogi State High Court, sitting in Lokoja over the controversial ownership of Obajana Cement Company, now Dangote Cement Plc. 

In the originating summons, the government wanted the court to determine whether upon careful examination and consideration of the agreements made between the government and Dangote Industries Limited on July 30, 2002, and February 14, 2003, respectively, it is not apparent that consideration (an essential ingredient of a valid contract) is lacking.

The government is also asking the court to determine whether in view of the clear lack of consideration (an essential ingredient of a valid contract), the agreements made between the government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, are not null and void. 

In the event that the above questions are answered in the affirmative, the government prayed the court to declare that the agreements made between the government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, “lack consideration, which is an essential ingredient of a valid contract.” 

The government is equally asking the court to declare that the clear lack of consideration in the agreement made between the Kogi State government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, render both agreements null and void. 

The government also brought is also seeking the following reliefs: “A declaration that Dangote Industries Limited cannot take any benefit, interest or rights from the incompetent agreements entered into on July 30, 2002 and February 14, 2003 respectively, having failed to furnish any consideration to the Kogi State government. 

“An order nullifying the agreements entered into on July 30, 2002 and February 14, 2003 respectively, for lack of consideration. 

ALSO READ FROM NIGERIAN TRIBUNE 

• Buhari To Unveil Tinubu’s Manifesto, Inaugurate Campaign Council Friday

• Lagos PDP To Wike: Jandor Will Defeat Sanwo-Olu In 2023

• No Plan To Endorse Any Presidential Candidate ― Northern Elders

• 10.5 Million Children Lost A Parent Or Caregiver To COVID-19 ― UN

• Bayelsa Governor Cries For Help As Flood Displaces One Million People

• EDITORIAL: Nigeria, Cameroon And Lagdo Dam

“An order of perpetual injunction restraining Dangote Industries Limited, any of its agents or assigns from further utilising and or taking any benefit(s) from the agreement dated July 30, 2002 and February 14, 2003 between the Kogi State government and Dangote Industries Limited.” 

In an affidavit in support of the originating summons deposed to by the Secretary to the Kogi State Government, Mrs Folashade Arike Ayoade, she said that Obajana Cement Company was solely registered in 1992 by the Kogi State government. 

According to her, the sole purpose of establishing Obajana Cement Company was to mine the huge limestone deposit in Obajana and consequently produce cement for the economic benefit of the people of Kogi State. 

She confirmed that the Kogi State government and Dangote Industries Limited entered into two agreements on July 30, 2002 and February 14, 2003 for the purpose of producing cement for the economic benefit of the people of Kogi State. 

However, Ayoade alleged that no benefit by way of consideration passed from Dangote Industries Limited to the Kogi State government. No date has been fixed for the hearing of the suit. Meanwhile, state Commissioner for Finance, Idris Ashiru, has said that the renovation of the state House of Assembly complex that went up in flames about a week ago would have to wait until government sells the state’s assets to fund it. 

He stated that “until we get buyers for some of the state’s assets, which have already been listed for sale, like the Kogi Hotel and other assets, that is when we can have more liquid to undertake many of our pending projects, which include Kogi State House of Assembly complex. 

He made this disclosure on Wednesday in Lokoja at the citizens’ engagement on 2023 budget organised by the state Ministry of Finance, Budget and Economic Planning. 

The chamber of the state assembly was razed last Monday in what the Speaker, Mathew Kolawole, described as a suspected act of ‘sabotage’. 

He, however, did not explain from which quarter the sabotage came from, saying that the security operatives are working to unravel the cause of the fire. 

Ashiru called on the citizens to help the state look for buyers so that the government would have more money to embark on the reconstruction of the building, including the access road which is in deplorable shape. 

He had earlier lamented the downturn in the economic prospect, not only in the state and country, but globally, noting that “this is not the best of times for all nations. 

“The last six years or thereabouts have been very challenging nationally and globally. From the recession in 2016 to COVID-19 in 2020 to Russia-Ukraine war in 2022 to a multiplicity of domestic issues, we can safely say that this is not the best of times for all nations of the world.”