(SINL NIGERIA) A Federal High Court in Abuja on Thursday, restrained the Ministry of Solid Minerals Development, SKECC Nigeria Ltd and others from taking any action that would jeopardise a suit filed in respect of a mining site in Kishi, Oyo State.
Justice Emeka Nwite, who gave the order, also ordered the seven other defendants, including the plaintiffs to maintain a status quo pending the hearing and determination of the substantive suit.
The order followed an oral application moved by the applicants’ counsel, Adeola Adedipe, SAN, to the effect.
The applicants; AU Fields Ltd and First Monument Exploration Ltd, had sued SKECC Nigeria Ltd, Daye Shi, Yong Yuan, Jilong Yiu, Corporate Affairs Commission (CAC) and Federal Ministry of Solid Development as 1st to 6th defendants.
Also joined in the suit marked: FHC/ABJ/CS/1106/2024 include Minister of Solid Minerals Development, Attorney-General of the Federation (AGF) and the Economic and Financial Crimes Commission (EFCC) as 7th to 9th defendants.
The plaintiffs’ motion on notice was dated and filed on Aug. 6 by a team of lawyers led by Kazeem Gbadamosi, SAN.
They sought “an order of interlocutory injunction restraining the 1st to 4th defendants or their agents, from mining, exploring, escavating or prospecting for mineral resources on the plaintiffs’ property or anywhere else in Nigeria, pending the determination of this suit.”
Giving a 28-ground argument, the two companies averred that they owned exploration licenses and they operate with the permission and consent of the rightful owners of the landed property situated within Kishi in Oyo State.
They said they applied to the ministry and the minister for exploration licenses on the piece of land afore-described via application number: 44438 SSML.
According to them, the application made by the plaintiffs was granted and a license approved by the 6th and 7th defendants in favour of the plaintiffs.
The plaintiffs said they also applied to the ministry and the minister “for exploration licenses on the piece and parcel of land afore-described via application numbers: 53680 EL and 59347 EL, which are now under processing for approval.”
They said their (plaintiffs’) workers on or about July 13 observed that the 1st to 4th defendants, through their workers and servants began moving into their land with heavy machines and equipment for the purpose of commencing exploration or prospecting for mineral resources.
They argued that SKECC Nigeria Ltd had no legal basis to venture into exploration and to prospect for mineral resources on their land or any land within the Nigeria because it is a building development company and not one licensed by the CAC to carry out any business relating to mining or exploration.
The duo said it was illegal for the ministry and the minister to have awarded a mining, exploration, and/or prospecting license to SKECC Ltd to mine, explore, or prospect on their land or any where else.
“The license purportedly awarded to the 1st defendant by the 6th and 7th defendants is a sham and is completely illegal,” they alleged.
The applicants described the act of the company and its managers in mining, exploring or prospecting for mineral resources as economic crimes.
They said unless the illegal activities of the company is stopped, it would continue unabated.
When the matter was called on Thursday, Adedipe told the court that the matter was slated for hearing.
But lawyer to the ministry and the minister, Abdulamid Ibrahim, informed the court that they were only served last week and they were still within time to respond.
Ibrahim, who sought an adjournment, said he was only briefed about the matter yesterday and was still studying the court processes.
He informed the court that there was no urgency in the matter, as the core issue only bordered on who should be the legitimate owner of the site.
“We, as regulators of the mining industry, are obligated to treat all parties fairly.
“In the interest of justice, it is better for the court to adjourn,” he said, emphasising the need for the ministry’s legal team to verify the claims and present its position on the next adjourned date.
On his part, Adedipe stressed the urgency of the case, stating that SKECC’s workers had invaded the site and were actively working there.
The senior lawyer, who argued that it was based on the importance of the case that an affidavit of urgency was filed and the matter assigned to the vacation judge, prayed the court to make an order directing all parties to maintain a status quo in order not to jeopardise the subject matter.
After listening to the parties, Justice Nwite agreed with Adedipe.
He subsequently ordered the parties to “maintain status quo” and refrain from taking any steps that could render his final verdict nugatory.
The judge adjourned the matter until Oct. 4 for hearing.
