TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Judicial process: Your publication full of twisted facts – BUA Group tells Dangote

The Editor by The Editor
June 16 2020
in Business
A A
0
BUA Cement completes construction, begins testing facilities at new Obu plant
BUA Group has described the publication of Dangote Group wherein it stated that BUA misinterpreted the fact about a pending court case as untrue and laden with fraught misrepresentations. A statement by BUA Group explained that Dangote, in its hurry to twist facts, failed to justify the alleged misinterpretation in its publication but stylishly stated that it has appealed the judgement whilst accepting the recent court order, which granted BUA the right to peaceful possession and operations of three of its mining sites in Obu, Okpella in Edo State.
“In the said publication by Dangote Group, it was alleged that the initial publication of the BUA Group was riddled with misrepresentations and deliberate distortions of facts. We however note that the Dangote Group failed to identify any specific fact, which was distorted. On the contrary, the Dangote Group reiterated the fact that the judgment of the Court indeed restrained DIL and the other Respondents, as contended by BUA, albeit stating that the judgment of the Court constitutes complete aberrations and contains manifests contradictions; and it has exercised its legal right to appeal the decision of the Court. Whilst we consider this attempt to disparage the Court on the pages of print media as an affront, we shall not be joining issues with the Dangote Group, as we are of the view that the Court can protect itself and DIL reserves the right to appeal the decision of the Court.
The Dangote Group also questioned the right of BUA to institute the BUA Fundamental Right Suit on the basis that it was a clear abuse of court process as there are two other pending suits – the BUA Suit and Suit No. FHC/B/CS/74/2016: Dangote Industries Limited & Anor. v. BUA International Limited & Ors (“Dangote Suit”).  This is notwithstanding that the Dangote Group itself ironically commenced the Dangote Suit during the pendency of the BUA Suit. Moreover, it is trite law that any fundamental right suit is an independent claim, which does not impede a pending dispute. In this instance, the suit was deemed necessary in view of Dangote Groups use of the Nigeria Police Force to disrupt the possessory right of BUA Group and to safeguard the lives of BUA Group’s employees. Indeed, Court confirmed this in the BUA Fundamental Rights Suit where it was stated:  “that the 1st and 2nd Respondents (Police) allowed themselves to be used by the 3rd and 4th Respondents (DIL and Dangote Cement)”
It is imperative to note that the Dangote Group’s use of the Nigeria Police Force to disrupt BUA’s operations was done brazenly after DIL had applied to Court for a restraining order against BUA in Suit No. FHC/B/CS/74/2016, which was granted ex parte, but set aside by the Court upon a robust challenge by BUA. Interestingly, the Dangote Group did not deny resorting to self-help in its publication. It is our contention 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.
BUA further corrected Dangote on it claim that BUA was granted its mining lease from the Governor of Edo State restating that the authority to grant a mining license is within the sole jurisdiction of the Ministry of Mines and Steel Development through the Nigeria Mining Cadastre Office, which granted the BUA licenses. BUA also dismissed Dangote’s claim to BUA’s mining sites in Edo as absurd and frivolous as Dangote’s mining license was granted under Kogi State while BUA licenses and mining sites respectively cover and are located in Obu, Okpella in Edo State.
With respect to the Dangote Group’s interpretation of the consequence of its Appeal of the decision of the Court, it is trite law that an Appeal does not amount to a stay of execution, and the Dangote Group is only being mischievous by suggesting that BUA is refrained from taking benefit of the judgment, which was in BUA’s favor. As held by the Supreme Court in the case of Tai Ajomale v. Yuduat and Anor (1991) All N.L.R. 197:
“The successful litigant is prima facie entitled to the fruits of the judgment in his favour, it is expressly provided in Section 24 of the Supreme Court Act, 1960, that an appeal does not operate as a stay of execution.”
“The Courts have also reiterated the position of law in the case of Enabulele v. Agbonlahor (1994) 5 NWLR (PT. 342) 112 at P125, where it was held that:
“It is trite law that under Section 18 of the Court of Appeal Act, 1976, the filing of a Notice of Appeal does not operate as a stay of execution since the Court will not normally deprive a successful party of the fruits of his successful litigation”
BUA Group will not join issues with Dangote as the intention of its publication was to inform its shareholders and other stakeholders of the judgment of the Federal High Court which granted BUA’s and not commence a media trial.
According to the statement titled: RE:  BUA OBU MINES, OKPELLA EDO STATE, it read: “We read with dismay the publication by the Dangote Group which purports to “set the records straight” with regards to the earlier publication of the BUA group on the recent judgment of the Federal High Court in Suit No. FHC/B/CS/101/2017: BUA v. IGP & Ors. (“BUA Fundamental Right Suit”), which restrains Dangote Industries Limited (“DIL”) and other Respondents in the suit from interfering in BUA Group’s mining sites in Obu, Okpella, Edo State.
“In the said publication by Dangote Group, it was alleged that the initial publication of the BUA Group was riddled with misrepresentations and deliberate distortions of facts. We however note that the Dangote Group failed to identify any specific fact, which was distorted. On the contrary, the Dangote Group reiterated the fact that the judgment of the Court indeed restrained DIL and the other Respondents, as contended by BUA, albeit stating that the judgment of the Court constitutes complete aberrations and contains manifests contradictions; and it has exercised its legal right to appeal the decision of the Court. Whilst we consider this attempt to disparage the Court on the pages of print media as an affront, we shall not be joining issues with the Dangote Group, as we are of the view that the Court can protect itself and DIL reserves the right to appeal the decision of the Court.
“Paradoxically, the Dangote Group’s publication was fraught with untrue statements, which it touted as the facts of the matter in an attempt to misinform the general public. Accordingly, we seek to clarify the fallacies as follows:
Title to Mining Sites
“The Dangote Group alleged that BUA claims to have been granted its mining licenses from the Governor of Edo State. In this regard, it is imperative to note that BUA has never contended that the Governor of Edo State granted its licenses, as the authority to grant a mining license is within the sole jurisdiction of the Ministry of Mines and Steel Development through the Nigeria Mining Cadastre Office, which granted the BUA licenses. Further, both the Hon. Minister of Mines and Steel Development and the Nigeria Mining Cadastre Office are defendants in Suit No. FHC/B/CS/7/2016: BUA International Limited & Anor. v. Hon. Minister of Mines and Steel Development (“BUA Suit”), wherein BUA asserts its legal and beneficial ownership of the mining sites.
“Further, the Dangote Group explicitly asserted that BUA does not have any right to the mining sites on the basis of the response of the Director-General of the Mining Cadastre Office to BUA’s application to renew its licenses. Needless to say, the Director-General’s ministry and parastatal are also Defendants in the BUA Suit pending in Court and the reaction is therefore not surprising.
“We wish to state clearly that the mining license granted to Dangote Group explicitly states that the location is in Kogi State, Nigeria, while the BUA licenses and mining sites respectively cover and are located in Obu, Okpella, Edo State, Nigeria. The Dangote Group’s attempt to lay claim to mining sites not within a geographical area covered by its license is therefore ludicrous.
“The general public is therefore advised that Dangote Group’s claims are nothing but an attempt to unilaterally determine the outcome of the very matter the Court has been approached to determine in Suit No. FHC/B/CS/7/2016 – BUA Suit, which is still pending”.
Legal Precedence
The Dangote Group also questioned the right of BUA to institute the BUA Fundamental Right Suit on the basis that it was a clear abuse of court process as there are two other pending suits – the BUA Suit and Suit No. FHC/B/CS/74/2016: Dangote Industries Limited & Anor. v. BUA International Limited & Ors (“Dangote Suit”).  This is notwithstanding that the Dangote Group itself ironically commenced the Dangote Suit during the pendency of the BUA Suit. Moreover, it is trite law that any fundamental right suit is an independent claim, which does not impede a pending dispute.
In this instance, the suit was deemed necessary in view of Dangote Groups use of the Nigeria Police Force to disrupt the possessory right of BUA Group and to safeguard the lives of BUA Group’s employees. Indeed, Court confirmed this in the BUA Fundamental Rights Suit where it was stated: “that the 1st and 2nd Respondents (Police) allowed themselves to be used by the 3rd and 4th Respondents (DIL and Dangote Cement)”
It is imperative to note that the Dangote Group’s use of the Nigeria Police Force to disrupt BUA’s operations was done brazenly after DIL had applied to Court for a restraining order against BUA in Suit No. FHC/B/CS/74/2016, which was granted ex parte, but set aside by the Court upon a robust challenge by BUA. Interestingly, the Dangote Group did not deny resorting to self-help in its publication. It is our contention 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. “With respect to the Dangote Group’s interpretation of the consequence of its Appeal of the decision of the Court, it is trite law that an Appeal does not amount to a stay of execution, and the Dangote Group is only being mischievous by suggesting that BUA is refrained from taking benefit of the judgment, which was in its favor. As held by the Supreme Court in the case of Tai Ajomale v. Yuduat and Anor (1991) All N.L.R. 197:
“The successful litigant is prima facie entitled to the fruits of the judgment in his favour, it is expressly provided in Section 24 of the Supreme Court Act, 1960, that an appeal does not operate as a stay of execution.”
“The Courts have also reiterated the position of law in the case of Enabulele v. Agbonlahor (1994) 5 NWLR (PT. 342) 112 at P125, where it was held that:
“It is trite law that under Section 18 of the Court of Appeal Act, 1976, the filing of a Notice of Appeal does not operate as a stay of execution since the Court will not normally deprive a successful party of the fruits of his successful litigation”
“We shall refrain from further joining issues on this particular matter as the intention of our initial publication was to inform our shareholders and other stakeholders of the judgment of the Federal High Court and not to commence a media trial with the Dangote Group”.
Previous Post

FG lists conditions for reopening schools, varsities

Next Post

I have failed the people of Katsina – Gov Masari laments

Related Posts

NNPC, partners advance $21bn Bonga offshore project
Business

NNPC, partners advance $21bn Bonga offshore project

August 25 2026
Dangote Refinery expands free fuel delivery to Kano, Imo, others, targets lower pump prices
Business

Dangote Refinery expands free fuel delivery to Kano, Imo, others, targets lower pump prices

August 24 2026
Dangote Refinery slashes petrol, diesel prices again
Business

Dangote Refinery raises petrol price as crude tops $93

August 21 2026
FAAN denies ban on Uber, Bolt at airports
Business

FAAN denies ban on Uber, Bolt at airports

August 21 2026
Shell reinforces safety commitment at CEO Contractors Forum
Business

Shell reinforces safety commitment at CEO Contractors Forum

August 20 2026
Business

Nigerians pay more for cement than African neighbours – FCCPC

August 19 2026
Next Post
Gov. Masari re-appoints SSG, Media Adviser

I have failed the people of Katsina - Gov Masari laments

Police charge Abuja man with breaking marriage promise to woman

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

Adeleke chairmen seize Osun LG secretariats

Adeleke chairmen seize Osun LG secretariats

by The Editor
August 18 2026
0

...

APM sweeps Bauchi LG poll, wins all 20 chairmanship seats

APM sweeps Bauchi LG poll, wins all 20 chairmanship seats

by The Editor
August 18 2026
0

...

APPOINTMENTS

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

by The Editor
August 8 2026
0

...

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

Katsina governor swears in four permanent secretaries

Katsina governor swears in four permanent secretaries

by The Editor
August 6 2026
0

...

ODDITIES

Scavengers strip Lagos bridges, homes in widespread theft

Scavengers strip Lagos bridges, homes in widespread theft

by The Editor
August 25 2026
0

Man sets mother on fire in Cross River over witchcraft accusation

Man sets mother on fire in Cross River over witchcraft accusation

by The Editor
August 20 2026
0

Celestial Church begins probe into Temitope Osoba’s death

Celestial Church begins probe into Temitope Osoba’s death

by The Editor
August 13 2026
0

GLOBAL NEWS

US cuts visa processing centres in Africa

US plans mass visa revocation for asylum seeker

by The Editor
August 25 2026
0

...

US removes Syria from state sponsor of terrorism list

US removes Syria from state sponsor of terrorism list

by The Editor
August 24 2026
0

...

Trump to double tariffs on Canada autos as trade fight heats up

Trump to double tariffs on Canada autos as trade fight heats up

by The Editor
August 24 2026
0

...

London names bus stop after Nigerian content creator ‘Bus Aunty’

London names bus stop after Nigerian content creator ‘Bus Aunty’

by The Editor
August 22 2026
0

...

UK warns citizens against travel to 28 Nigerian states over terrorism, kidnap risk

UK warns citizens against travel to 28 Nigerian states over terrorism, kidnap risk

by The Editor
August 21 2026
0

...

State of the States

Abia traditional rulers endorse Gov. Otti for second term

Abia State begins payment of N61.8bn gratuity arrears

by The Editor
August 25 2026
0

...

Kaduna State approves N300m for KASU lecturers

Kaduna State approves N300m for KASU lecturers

by The Editor
August 24 2026
0

...

Cross River governor assures SPAR fire victims of govt support, promises immediate intervention

Cross River governor assures SPAR fire victims of govt support, promises immediate intervention

by The Editor
August 24 2026
0

...

Gov. Otu bows to pressure, orders release of detained critic Odama

Gov. Otu bows to pressure, orders release of detained critic Odama

by The Editor
August 20 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
NNPC, partners advance $21bn Bonga offshore project

NNPC, partners advance $21bn Bonga offshore project

August 25 2026
FG eyes unclaimed dividends, dormant funds for NELFUND

FG eyes unclaimed dividends, dormant funds for NELFUND

August 25 2026
30 die in terrorists’ attacks on four Niger State mosques

30 die in terrorists’ attacks on four Niger State mosques

August 25 2026
Abia traditional rulers endorse Gov. Otti for second term

Abia State begins payment of N61.8bn gratuity arrears

August 25 2026

EDITORIAL REVIEW

Clerics must preach peace, not division – Punch

Clerics must preach peace, not division – Punch

by The Editor
August 25 2026
0

Tax reform: Northern senators in closed-door meeting as bill scales second reading

Tax reform must end multiple taxation – Punch

by The Editor
August 24 2026
0

BREAKING: Kidnapped Oyo pupils, teachers regain freedom

Terror victims deserve care – Punch

by The Editor
August 21 2026
0

Unfilled tertiary education spaces debacle – Punch

Unfilled tertiary education spaces debacle – Punch

by The Editor
August 20 2026
0

Reps in rowdy session over motion to summon Tinubu

Accounting for recovered assets – Punch

by The Editor
August 18 2026
0

Opinion

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Airtime credit dispute and need for clarity

Airtime credit dispute and need for clarity

by The Editor
August 5 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.