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

Sahara Energy has no outstanding facilities with UBA, says Management
Business

Sahara Group urges intra-African investment push through “Deliberate TRIPS” at ARDA 2026

April 14 2026
Nigerians slam Power Minister as two weeks’ promise on electricity fails
Business

Nigerians slam Power Minister as two weeks’ promise on electricity fails

April 12 2026
FG cuts import duties on rice, cars, others
Business

FG cuts import duties on rice, cars, others

April 12 2026
Gateway Air commences flights to Lagos, Abuja, PH Monday
Business

Gateway Air commences flights to Lagos, Abuja, PH Monday

April 12 2026
Gov. Otti vows support for Nigerian Breweries after fire incident
Business

Gov. Otti vows support for Nigerian Breweries after fire incident

April 11 2026
Fire guts Nigerian Breweries Aba warehouse, no casualties
Business

Fire guts Nigerian Breweries Aba warehouse, no casualties

April 10 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

Police launch manhunt for killers of Imo traditional ruler

Police launch manhunt for killers of Imo traditional ruler

by The Editor
April 11 2026
0

...

Lassa fever deaths rise in Nigeria

Lassa fever deaths rise in Nigeria

by The Editor
April 9 2026
0

...

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

by The Editor
April 3 2026
0

...

Abia traditional rulers endorse Gov. Otti for second term

Abia traditional rulers endorse Gov. Otti for second term

by The Editor
March 25 2026
0

...

APPOINTMENTS

416 nurses, midwives get automatic appointments in Yobe

416 nurses, midwives get automatic appointments in Yobe

by The Editor
April 8 2026
0

...

Tinubu renews Bugaje’s appointment as NBTE boss

Tinubu renews Bugaje’s appointment as NBTE boss

by The Editor
April 2 2026
0

...

Kwara governor congratulates new CAF General Secretary

Kwara governor congratulates new CAF General Secretary

by The Editor
April 1 2026
0

...

Senate confirms Magnus Abe as NUPRC board chairman

Senate confirms Magnus Abe as NUPRC board chairman

by The Editor
March 31 2026
0

...

ODDITIES

Bwala, Hasan and the art of the political interview

I had throat surgery after Al Jazeera interview – Daniel Bwala

by The Editor
April 11 2026
0

Robbers cut off teacher’s hand in Kano

Robbers cut off teacher’s hand in Kano

by The Editor
April 9 2026
0

Cross River actor dies after cannon malfunction at rehearsal

Cross River actor dies after cannon malfunction at rehearsal

by The Editor
April 9 2026
0

GLOBAL NEWS

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

by The Editor
April 14 2026
0

...

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

by The Editor
April 14 2026
0

...

Benin Republic elects 49-year-old Wadagni as new president

Benin Republic elects 49-year-old Wadagni as new president

by The Editor
April 14 2026
0

...

Spain moves to grant legal status to 500,000 migrants

Spain moves to grant legal status to 500,000 migrants

by The Editor
April 14 2026
0

...

Iran estimates initial war damages as $270bn

Iran estimates initial war damages as $270bn

by The Editor
April 14 2026
0

...

State of the States

Delta govt urges youths to join Army

Delta govt urges youths to join Army

by The Editor
April 11 2026
0

...

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

by The Editor
April 10 2026
0

...

Police begin statewide offensive after deadly Kebbi attacks

Police begin statewide offensive after deadly Kebbi attacks

by The Editor
April 10 2026
0

...

Edo deputy governor’s mother dies at 95

Edo deputy governor’s mother dies at 95

by The Editor
April 8 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

April 14 2026
Bandits demand ₦30m for kidnapped UNIJOS student

Bandits demand ₦30m for kidnapped UNIJOS student

April 14 2026
Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

April 14 2026
Benin Republic elects 49-year-old Wadagni as new president

Benin Republic elects 49-year-old Wadagni as new president

April 14 2026

EDITORIAL REVIEW

Oil prices jump back toward $100 on Mideast ceasefire doubts

As Nigeria moves away from oil dependency – Punch

by The Editor
April 13 2026
0

Easter gets bloodier – Punch

Easter gets bloodier – Punch

by The Editor
April 12 2026
0

Security chiefs’ discordant tunes – Punch

Security chiefs’ discordant tunes – Punch

by The Editor
April 10 2026
0

NASS: Withdraw MDPA amendment bill – Punch

NASS: Withdraw MDPA amendment bill – Punch

by The Editor
April 9 2026
0

Anti-immigrant protests in South Africa – Punch

Anti-immigrant protests in South Africa – Punch

by The Editor
April 8 2026
0

Opinion

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Enugu: Gov Mbah presents N521.5bn budget for 2024

Mbah: From contested mandate to constructive governance in Enugu

by The Editor
April 9 2026
0

...

Tinubu finds his own demons

How will Tinubu campaign in Plateau State?

by The Editor
April 9 2026
0

...

Bwala, Hasan and the art of the political interview

Bwala, Hasan and the art of the political interview

by The Editor
April 6 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.