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Obajana: Kogi Govt. Drags Dangote Group to Court
The Kogi State Government on Tuesday commenced legal action to reclaim ownership of former Obajana Cement Company which is now known as Dangote Cement Plc.
The legal action instituted on behalf of the state by Chief Joseph Daudu, at the High Court of Kogi State, Lokoja, has Dangote Industries Limited as the sole defendant.
Specifically, the claimant is seeking the nullification of the 2002 and 2003 agreement between it and Dangote group on the grounds that the agreement lacked clear consideration of what should pass from Dangote to the state.
Among issues raised for the court’s determination are whether upon careful examination and consideration of the agreements made between the Kogi State Government and Dangote Industries Limited on July 30, 2002, and February 14, 2003, respectively, it was not apparent that consideration (an essential ingredient of a valid contract) was lacking?
The government also asked the court to determine whether in view of a clear lack of consideration, the agreements made between the Kogi State Government and Dangote Industries Limited on July 30, 2002 and February 14, 2003, respectively, were not null and void?
The claimant also asked the court to declare in the event that the issues raised for determination were in its favour that the agreements made between the Kogi State 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”.
In addition, Kogi State is further seeking another declaration that the clear lack of consideration in the agreements render them null and void.
The major reliefs been sought in the Originating Summons include: “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.
“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 a nine paragraph affidavit deposed to in support of the suit, the Kogi State government claimed that the Obajana Cement Company was solely registered in 1992 by the state government with registration number RC: 208767.
Deponent of the affidavit and Secretary to the Kogi State Government, Mrs. Folashade Ayoade, submitted that the sole purpose of establishing Obajana Cement Company was to mine the huge lime stone 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, she noted that no benefit by way of consideration passed from Dangote Industries Limited to the state government.
In the agreements although the state solely owns the company it had however transferred 90 per cent of its total shareholding to Dangote Industries Limited.
Parties also agreed that that they would be responsible for the funding of the project in equal proportions to their equity shareholding.
In the agreements the state shall be at liberty to sell up to 50 per cent of its 10 per cent equity in Obajana cement company to Kogi State indigenes by public offer or privilege within three months of comment of the project.
The agreement in addition noted that Kogi State shall not be entitled to lay any claim to any sum that may have accrued on its shareholding in dividends in the event of failure to meet its funding obligation as provided in the agreement.
No date has been fixed for the hearing of the suit.
October 20, 2022
Dangote Vs Kogi Govt: FG Orders Immediate Reopening of Cement Factory In Kogi
The National Security Council (NSC) chaired by President Muhammadu Buhari has directed that Dangote Cement factory in Obajana, Kogi State, be reopened immediately.
The council gave the directive at a meeting held at the Council Chambers of the State House, Abuja.
The Minister of Police Affairs, Mohammed Dingyadi, joined by his Interior counterpart, Rauf Aregbesola and the Chief of Defence Staff (CDS), General Lucky Irabor, briefed reporters after the meeting.
Aregbesola said an agreement had been reached between Kogi State Government and Dangote Group on the need to reopen the cement factory, urging both parties to respect the agreement.
The minister added that the council ordered immediate reopening of the factory and advised that all issues in contention be resolved legally as government was committed to providing employment.
On the ultimatum given by Governor Samuel Ortom of Benue State on Thursday that people of the state would take their decision on sophisticated weapons procurement if the Federal Government failed in the next one month to respond to its already written application to the appropriate quarters, he restated that no state had been authorized to acquire automatic rifles and urged that due process be followed.
The council also directed the Office of the National Security Adviser (NSA) in conjuction with the Office of the Secretary to Government of the Federation (OSGF) to set up a high-powered investigation committee into the crude oil theft in the Niger Delta with a view to unraveling those behind it.
October 15, 2022
How We Acquired Land For Obajana Cement Plant – Dangote Industries Limited
The management of Dangote Industries Limited yesterday said its acquisition of the land for Obajana Cement in 2002 followed due process, contrary to claims by the Kogi State Government.
It also stated that the company as a responsible corporate organisation had been paying relevant taxes, levies and charges to the state government since 2007 when production commenced in the acquired cement plant.
These clarifications were contained in a statement issued on Tuesday by the management of Dangote Industries Limited.
The statement partly read: “The land on which the Obajana Cement Plant is built was acquired solely by Dangote Industries Limited (DIL) in 2003, well after it had acquired the shares in Obajana Cement Company in 2002, following the legally binding agreement it entered into with KSG to invest in Kogi State. DIL was issued three Certificates of Occupancy in its name after payment of necessary fees and compensation to landowners.
“The plant and machinery were conceived, designed, procured, built, and paid for solely by DIL, again, well after it acquired the shares in Obajana Cement Company. The limestone and other minerals used by the Obajana Cement Plant, by the provisions of the Nigerian Constitution belonged to the Federation, with authority only in the FGN and not the State in which the minerals are situated, to grant licences to extract and mine the resources”, the company explained.
“After the agreement with the KSG, DIL applied for and obtained mining leases over the said limestone from FGN, at its cost and has complied with the terms of the leases since inception. The Government of Kogi State had no minerals to give, had no assets to give, and only invited DIL as most responsible governments do to come into the State and invest in a manner that will create employment, develop the State, and earn it taxes”.
October 12, 2022
Governor Bello Vows To Reclaims Obajana Cement Coy From Dangote In Kogi
From Noah Ocheni, Lokoja
The Kogi State Government, on Thursday, presented to the public, the report of the Specialised Technical Committee on the Evaluation of the Legality of the Alleged Acquisition of Obajana Cement Company Plc by Dangote Cement Company Limited.
The detailed report submitted to Governor Yahaya Bello of the state, last month, was presented to the public by the Secretary to the State Government, Dr. (Mrs) Folashade Ayoade.
She revealed with documents that the purported transfer of Obajana to Dangote Industries Limited, was “invalid, null and void”.
Ayoade disclosed in the report that three Certificates of Occupancy for Obajana Cement Company Plc, which was solely owned by the Kogi State Government at the time, were used to obtain a loan of N63billion by Dangote.
According to her, the Committee, in view of its findings, has therefore recommended that Kogi State should take steps to recover Obajana Cement Company from the Dangote Group and all the accrued dividends from profits made over the years, including accrued interest on same.
“Kogi State Government should take steps to cancel the existing seven Certificates of Occupancy in the name of Dangote Cement Company.”
It was stressed that “Agreement between Kogi State Government of Nigeria and Dangote Industries Limited, dated 30th July 2002 and supplemental agreement dated 14th February 2003, as contained in Exhibit 71 of the Judicial Commission of Inquiry Report, purporting the transfer of Obajana Cement Company Plc to Dangote Industries Limited, are all invalid, null and void.”
“By the assignment of the three certificates of occupancy, the title in Obajana Cement Company Plc, still vests in Kogi State Government as the sole owner. The three documents were used to obtain a loan of sixty-three billion naira only (63,000,000,000.00) to finance the construction of the cement plant in Obajana.
Speaker of the Kogi State House of Assembly, Matthew Kolawole, specifically noted that the acquisition of the Obajana Cement Company by Dangote was without the resolution of the House of Assembly, which made the process null and void.
“All the transfer process of the share capital to Dangote from Obajana by the previous administration was without any law backing it by the state House of Assembly,” Kolawole stated.
In his remarks, Governor Yahaya Bello said that he had taken the bold steps, in line with his mandate to safeguard the lives and livelihood of the people of Kogi State, including residents, and to ensure their wellbeing.
Bello said this was also coming on the heels of protests by the people of the state who felt they had been suppressed and marginalised by the Dangote Group who had come to rip them off.
“We set up a committee to look into this and invited the Dangote company to discuss with them and tell them the imminent dangers they are exposing the people to, but it all fell on deaf ears.
“I am here to defend my people, and from all reports, it is clear that Obajana Cement Company does not belong to Dangote,” Governor Bello declared.
October 8, 2022
Gov. Bello seals off Obajana Coy As Vigilantes, Hunters Chase Away Workers In Kogi
From Noah Ocheni, Lokoja
No fewer than seven staff of Dangote Cement company Obajana in Kogi state were shot and several others injured as workers scampered for safety when over 500 armed vigilante members invaded the company.
In a media statement by the Corporate Communication Department of Dangote group and made available to Journalists in Lokoja on Wednesday noted that the action of the vigilantes created panic within and surrounding environment of the plant.
The vigilante group were allegedly being led by the state Director-General of Lands; Commissioner for Solid Minerals, Senior Special Assistant to the Governor on Security, Commodore Jerry Omodara(rtd).
Others were, Chairman of Kabba/Bunnu LGA, Chairman of Ijumu LGA and the State ALGON Chairman, Alh. Taofeek; Senior Special Assistant on Job Creation, Mr Dele Iselewa and Chairman of Lokoja LGA, Alh. Mohammed Dansabe.
The vigilante group members were wielding arms of different kinds including local and assorted rifles as residents and passersby scamper for safety.
As at the time of this report seven staff of the cement company were being attended to at the hospitals over the gunshot wounds inflicted on them.
Mr. David Oluruntoba, spokesman for the Oyo Mining host community described the act as primitive and disgraceful, describing the act as extra-judicial and unlawful the deployment of the Vigilantes to cause chaos in the Obajana community.
Recall that the state government has been having running battle with the Dangote Cement Company over the acquisition of Obajana Cement and state equity shares in the Dangote Cement Limited.
In a swift reaction, the Kogi said, it has on Wednesday, sealed the Dangote Cement Factory, Obajana, following agitation by Kogi indigenes on the circumstances surrounding the acquisition of Obajana Cement by Dangote Cement company.
The state House of Assembly alleged that Dangote, upon invitation by the Assembly, requested for more time but did not appear at the House to show any evidence to the contrary.
The Commissioner for Information Kingsley Fanwo in a statement made available to Journalists in Lokoja on Wednesday said, “
Pursuant to the Constitutional authorities of the Kogi State House of Assembly, and upon petition by the people of Kogi State, an investigation was carried out on the acquisition of Obajana Cement Company by Dangote Company.
“It was found that no valid acquisition took place, as Dangote could not show evidence of what was paid as consideration for the acquisition.”
“The House of Assembly therefore ordered the closure of the company pending when they are able to present it with credible evidence of a valid acquisition.”
“In this regard, Dangote has an obligation to respect and also give effect to the resolution of the Kogi State House of Assembly to avoid any act of lawlessness.”
October 6, 2022