The Federal High Court in Abuja has ordered the Federal Ministry of Solid Minerals Development, SKECC Nigeria Ltd, and others to “maintain status quo” regarding a disputed ownership of a mineral resources exploration site in Kishi, Oyo State.
Justice Emeka Nwite issued the directive on Thursday, September 12, 2024, in a case filed by AU Fields Limited and First Monument Exploration Ltd, two limited liability companies, against SKECC Nigeria Ltd, Daye Shi, Yong Yuan, Jilong Yiu, the Corporate Affairs Commission(CAC) , the Ministry of Solid Minerals, and three other federal government agencies.
The matter, marked FHC/ABJ/CS/1106/2024, aims to determine the rightful owners of exploration licenses over the disputed landed property.
Applicant’s Motion
According to the applicant’s motion on notice seen by Nairametrics, it alleged that SKECC is a company registered for the purpose of building development but is allegedly engaging in illegal activities, such as mining, exploration, and prospecting for mineral resources.
Their lawyer, Kazeem Gbadamosi SAN, stated that his clients hold exploration licenses and operate with the permission and consent of the rightful owners of the land located in Kishi, Oyo State, Nigeria.
“The Plaintiffs applied to the Federal Ministry of Solid Minerals Development for exploration licenses on the aforementioned parcel of land via Application Number: 44438 SSML.
“The application made by the Plaintiffs was granted, and a license was approved by the ministry in favor of the Plaintiffs.”
According to him, on July 13, 2024, the Plaintiffs’ workers observed that SKECC, through its workers, agents, and servants, had begun moving into the land with heavy machinery and equipment to commence exploration and prospecting for mineral resources on the Plaintiffs’ land.
He also accused the ministry of illegally awarding a mining, exploration, and/or prospecting license to SKECC, fully aware that the company’s business operations only pertain to property development.
“The license purportedly awarded to SKECC by the 6th and 7th defendants is a sham and completely illegal,” the lawyer argued, urging the court to restrain SKECC from mining, exploring, or excavating mineral resources on the Plaintiffs’ property or anywhere else in Nigeria, pending the determination of the suit.
What Transpired in Court
At the resumed sitting on Thursday, counsel for the applicants, Adeola Adedipe SAN, emphasized the urgency of the case, stating that SKECC’s workers had invaded the site and were actively working there.
However, Abdulamid Ibrahim, counsel for the Ministry of Solid Minerals, argued that he was still within the constitutional timeframe to respond to the applicant’s motion on notice.
He informed the court that there was no urgency in the matter, as the core issue is whether any party has a legitimate license to mine in the disputed area.
“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, emphasizing the need for the ministry’s legal team to verify the claims and present its position on the next adjourned date.
After hearing the parties, Justice Emeka Nwite advised the ministry’s lawyer and all the parties to instruct their clients to avoid any actions that could negatively impact the issues before the court.
He subsequently ordered the parties to “maintain status quo” and refrain from taking any steps that would render his final verdict meaningless.
The matter was then adjourned to October 4, 2024, for further hearing.
