Residents of Libata/Kabirba community in Ngaski Local Government Area of Kebbi State have raised an alarm over alleged misrepresentation of court judgement in a case between Three Crown Mines and El-Tahdam Exploration Limited over a mining license.
DAILY NIGERIAN recalls that Three Crowns Mines Limited had instituted a case at the Federal High Court sitting in Birnin Kebbi against El-Tahdam Exploration Limited, seeking invalidation of its exploration license and mining lease in the state.
Joined in the suit are the Mining Cadastre Office, and the Minister for Solid Minerals Development.
In the suit, the company claimed that the license and lease were obtained in violation of the provisions of the Nigeria Minerals and Mining Act, 2007 and Nigeria Minerals and Mining Regulations, 2011.
The company also sought an order of injunction restraining the defendants from trespassing or interfering with the plaintiff’s mining activities.
But on February 17, the court, presided over by Justice E. Gakko struck out the suit, cited the plaintiff’s failure to exhaust the administrative procedures provided by section 141 of Nigeria Minerals and Mining Act, 2007 and Regulation 16 & 17 of the Nigeria Minerals and Mining Regulations, 2011.
The court also held that the plaintiff’s failure to exhaust the administrative procedures rendered the suit premature.
The judge, citing several authorities, including the Court of Appeal case of Ogugua V Jimoh (2018) LPELR- 46649 CA, held that “a party seeking to invoke the court’s jurisdiction must satisfy all pre-conditions laid down by law”.
Justice Gakko also cited the Supreme Court case of Obi V INEC (2007) LPELR- 2166 SC, where it was held that “once a court declines jurisdiction to entertain a suit, the only other step it could take in the matter is to make an order striking out the suit.”
However, the El-Tahdam’s Managing-Director, Adamu Tah, on March 7, while speaking Daily Sun in reaction to the judgement, claimed that the court had ruled in favour of his company, affirming the validity of its exploration license and mining lease.
Responding on behalf of the residents, Hamza Mohammed, a community leader, who has keenly followed up the legal battle between the two mining company, insisted that according to the judgment read by the Honourable Judge and the content of the Certified True Copy of the said judgment, the court did not rule in favour of El-Tahdam, but rather struck out the suit for been premature.
According to him, no pronouncement was made validating the license of El-Tahdam exploration Ltd in the said judgment.
Mr Mohammed added that with the court striking out the matter for been premature, the position of the parties and their respective licenses remains as they were before the institution of the suit pending the exhaustion of the administrative procedures provided under Section 141 of the Nigeria Minerals and Mining Act, 2007 and Regulations 16 &17 of the Nigeria Minerals and Mining Regulations, 2011.
Mr Mohammed, therefore, appealed to the general public to disregard the statements made by Mr Tah, stating that it was not the true pronouncements of the court.
“This incident has raised concerns about the integrity of the judicial system and the need for individuals and companies to interpret the decisions of the courts as they are and not as they wish said Malam Hamza.
“Finally, I urge the Federal High Court, sitting in Birnin Kebbi to take a decisive action against Adamu Tah and El-Tahdam exploration Ltd for misleading the public and telling lies against the court so as to serve as a deterrence to them and others”, Mr Mohammed said.
The community leader further asserting his resolve to continue to support any investor that comes into their community.
“Our community is a peace loving one, and we always look forward to company’s with good intentions to come and invest in our community.
“As a concerned member of thus community we owe it a duty to ensure that the investors operate within the confines of the law and while doing so, we will not stand idly by while individuals like Adamu Tah sit in his comfort zone to misinterpret the court decision that is clear and unambiguous in order to create confusion in our community,’ Mr Mohammed added.
