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Showing posts with label claims. Show all posts
Showing posts with label claims. Show all posts

Monday, December 18, 2017

War over Edo cement holdings: BUA says Dangote claims stink

The war of words has continued between BUA group and Dangote group over claims on its cement holding in Edo State, just as BUA says Dangote claims stink, reports NaijaAgroNet.

The Group Head, Corporate Communications, Otega Ogra told NaijaAgroNet that latest claims 
by the Management of Dangote Group which is being syndicated to various new publications related to the ownership and operations of BUA’s mining sites in Obu, Okpella, Edo State, fall short of facts.

This latest statement by Dangote Group, Ogra noted, stinks of desperation in its continued attempt to disregard the judicial process and scheme a viable competitor out of business as has been their legendary antecedent. We thus wish to reiterate once again that whilst we do not want to join issues with anyone on this matter as it is currently before a court of competent jurisdiction, we are however compelled to use the opportunity presented by Edwin Devakumar’s reckless statements to clarify the cycle of misinformation being proliferated.

Specifically responding to Edwin Devakumar of Dangote Group’s claim of BUA operating on ML2541 in Okene, Kogi State, “we wish to restate that BUA does not have any operations whatsoever in Okene, Kogi State where the purported ML2541 is situated. Our Mining operations are limited to Obu-Okpella, Edo State for which licenses ML18912 & 18913 were issued and revalidate by the same ministry in a publication.”

These licenses, he said, have been owned, operated and fulfilled by BUA and its predecessors-in-title since 1976, as it is also a notorious fact that “we have exercised total control and possession over the mining area covered by the above mining leases since 1976 when we operated under the name of Bendel Cement Company Limited. We are thus wont to excuse Edwin’s claims to a lack of basic knowledge and understanding of the geography of Nigeria but he will be better served if he seeks professional opinion in critically understanding the geography of Nigeria or he should otherwise refer to documents from the boundary commission which clearly delineates boundaries within Nigeria.”

BUA group therefore asked, “Why is Dangote, an international company which is also listed on the Nigerian Stock Exchange, so averse to letting the rule of the law and judicial process take its course? The court has maintained that Status Quo be maintained (This includes BUA’s current ownership of our mines in Edo State) but the management of Dangote Group Dangote, as has been their strategy in the past to other companies in competition with them, is still seeking to out-muscle competition through backdoor means rather than let the court decide. If anyone is not satisfied, they should write to the courts as an independent arbiter for an interpretation of “maintaining status quo” rather than spread misinformation in the court of public opinion.

“It is public knowledge that neither Dangote nor AICO or anyone for that matter can claim ownership of ML2541 as was stated in a court injunction by a Federal High Court sitting in Lokoja in suit FHC/LK/CS/25/2017 between Alhaji Mohammed Otaru Adeika & Ors. Versus AICO Ado Ibrahim and Company Limited, Federal Ministry of Mines and Steel, The Mining Cadestre Office and Dangote Industries Plc. How then can they continue to claim in obvious disregard of that court order that the ML2541 belongs to them?   No one is above the law.

“The antecedent of Dangote Plc in trying to outmuscle competition is not in doubt. Various cases abound within and outside the cement industry – one of which was their taking over of the limestone deposits of another competing entity in the south-south region of Nigeria until they ceeded him 25 per cent of their company. This was in turn resold to them for hundreds of millions of dollars. Or is it the case of Ibeto whose business was almost driven under but for the prompt intervention of the then late President Umaru Musa Yar’Adua. Or is it the case of Polo House Jetty Tincan previously owned by his uncle, Usman Dantata, whose License was revoked by NPA and reallocated to Dangote on the same day in order to prevent a sugar refinery to be sited there by a competitor.

“The facts of the matter as far as we are concerned are that BUA’s operations are in Obu, Okpella, Edo State and not Okene Kogi. We once again ask that all parties should wait for the court to resolve the issue. We will not be cowed or intimidated and will continue to seek redress through the proper legal channels,” BUA group submitted.

Isaac Oyimah/GEE

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Saturday, December 16, 2017

Dangote vs BUA: Atta family derides Mines Ministry over false claims

… Drags Fayemi, Dangote to court over contempt
The last may not have been heard over the mess created by the Federal Ministry of Mines and Steel Development as the ruling Atta Omadivi Family of Okene in Kogi State has described the recent ministry’s publication bequeathing the contentious Mining Lease ML 2541 to Dangote Group as desperate move, reports NaijaAgroNet.

The family, NaijaAgroNet gathered, also said that it depicts a ‘reflection of desperate, reckless, irresponsible and partisan conduct of the ministry’ which has continued to flout all court injunctions related to the contentious lease.

NaijaAgroNet recalls that the Executive Chairman/CEO of BUA Group, Abdulsamad Rabiu had petitioned President Muhammadu Buhari on December 4, 2017 in a letter titled “A Cry for Help: Wanton Abuse of Power by a Serving Minister Geared at Sabotaging Operations of BUA Cement,” affirming that the Ministry was taking sides with Dangote Group to claim ownership of the mining site ML2541 in Okpella, Edo State. The Ministry had replied in a statement signed by its Permanent Secretary, Mohammed Abass stating that Mining Lease ML 2541 in Okene, Kogi State belongs to Dangote Industries Limited and that BUA has been illegally mining the site.

But in a press statement signed by Prince Mahmoud Atta on behalf of the Atta Family expressed disdain over the Ministry’s hasten conclusion in their publication stating that suit FHC/LK/CS/25/2017 between Alhaji Mohammed Otaru Adeika & Ors. Versus AICO Ado Ibrahim and Company Limited, Federal Ministry of Mines and Steel, The Mining Cadestre Office and Dangote Industries Plc pending in Federal High Court in Lokoja will determine who owns the contentious site.

Prince Atta wonders why the Ministry has special interest in Dangote to openly and illegally bequeath them ML2541 under contention in competent Court, describing the act as tantamount to contempt of the court.

Stressing that the court had ordered that no one can claim ownership of ML2541, Atta said neither Aico nor Dangote owns ML2541 as wrongly declared by the Ministry adding that the Mining Lease remains nontransferable until the suit is determined.

According to Atta, “The frequency of the publication is reflective of desperate, reckless, irresponsible and partisan conduct of the Ministry in clear violation, disregard and suppression of a subsisting court order dated June 15, 2017 in respect to the transfer, operations and ownership of the purported Mining Lease ML 2541.

“We hereby inform the general public that the existence, validity and ownership of ML2541 is a subject matter in suit No. FHC/LK/CS/25/2017 between Alhaji Mohammed Otaru Adeika & Ors. V. AICO Ado Ibrahim and Company Limited, Federal Ministry of Mines and Steel, The Mining Cadestre Office and Dangote Industries as defendants before Honourable Justice M. Sani of the Federal High Court, Lokoja Kogi State.

“We wish to state that the Honourable Minister of Mines and Steel Development the Permanent Secretary of the Ministry and Dangote Industries Plc are acting in violation of a subsisting order of injunction of the Federal High Court Lokoja, Kogi State restraining them by themselves servants agents assignees transferees or other third parties from parading themselves as the holders of ML2541 pending the determination of the substantive suit.

“For the purpose of clarity, we wish to restate again that the court was explicit in its order that no one can parade themselves as the holders of ML2541 pending the determination of the suit. As such, neither AICO nor Dangote can’t lay claim to the ownership of ML2541 as the ministry said in its offending publication. Neither is the Mining Lease transferable until the determination of the suit brought against them by our family.

“It is unfortunate this action and conduct is being perpetrated in a democratic dispensation that touts the rule of law. We have continued to insist that the purported transfer of ML2541 to Dangote Industries by Messrs AICO Ibrahim is in clear contravention of Nigerian Mining Act 2007 which the Ministry claims to be upholding in its publication.

“The publications by the Ministry seek to overreach the matter before the court and consequently we have instructed our solicitors to protect not only our interests but the sanctity of the court and the judicial process, which include bit not limited to commencing contempt proceedings against the parties in violation of the orders of the court” he said.


Isaac Oyimah/GEE

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Thursday, May 18, 2017

Court rejects Nestle’s trademark claims over Kit Kat bar

A London court penultimate Wednesday, May 17, 2017 has rejected an attempt by Nestle to trademark the distinctive four-fingered shape of the KitKat chocolate bar in Britain, reports NaijaAgroNet.

According to The Washington Times, the four finger KitKat bar, which is characteristic of Nestle’s Kit Kat bar not a trademarkable feature, the Court of Appeal ruled Wednesday, in what the BBC described as “the latest twist in a decade-long UK chocolate wars saga between Nestle and Cadbury.”

NaijaAgroNet recalls that issue at stake has been the sale in the U.K. of the Norweigan candy bar, Kvikk Lunsj, which also has a four-finger shape, although its packaging is distinctive and not readily confused with that of the Kit Kat bar.

The UK court affirmed the evidentiary findings of a lower court, which had rejected Nestle’s claim for trademark protection.

“As the Hearing Officer said here, trade marks are intended to permit consumers to make informed choices between the competing goods of different undertakings in the course of trade,” Lord Justice David Kitchin wrote for the court. “The shape of the KIT KAT bar has not been used to promote or market KIT KATs in recent times. It has nothing, therefore, to do with the informed choices that consumers make between similar products.”

For its part, Nestle suggests the ruling is out of step with legal protections in other country where Kit Kat is sold.


“Nestlé’s four-finger shape has been granted trademark registration in many countries of the world, for instance,” The Washington Times reported.

Uboshe Uboshe/GEE
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