The government of Kogi State has initiated legal action against Dangote Industries Limited, the parent company of Dangote Cement Plc over the ownership of its cement plant in Obajana, a town located in the Oworo district of the Lokoja Local Government Area.
According to a copy of the originating summons marked HcL/8T/2022, and made available to our correspondent, the suit was lodged at the Kogi State High Court, Lokoja Judicial Division.
Also among the prayers of the state government is an order of perpetual injunction restraining Dangote Industries Limited, any of its agents or assigns from further utilising and or taking any benefit(s) from the agreement dated July 30, 2002 and February 14, 2003 between the Kogi State Government and Dangote Industries Limited.
In an affidavit in support of the originating summons deposed to by the Secretary to the Kogi State Government, Mrs. Folashade Arike Ayoade, she said that Obajana Cement Company was solely registered in 1992 by the Kogi State Government.
An official of the Corporate Affairs Department of Dangote Cement Plc, Jibrin Abubakar, did not respond to phone calls and a text message seeking reactions to the development as of the time of filing this report. No date has been fixed for the hearing of the suit.
The state government, in the suit dated October 18, 2022, is praying the court to critically examine the agreement between DIL and the government of Kogi on July 30, 2002, and February 14, 2003, respectively, with a view to unraveling the fact that due consideration was missing in the contract.
The government is also asking the court to, in the event that the above claim is verified, nullify the agreement on the basis of lack of due consideration, which is an essential ingredient of a valid contract.
The summons partly read, “Whether upon careful examination and consideration of the agreements made between Kogi State Government and Dangote Industries Limited on the 30th day of July, 2022 and 14th day of February 2003 respectively, it is not apparent that consideration (an essential ingredient of a valid contract) is lacking”?
The state government is also seeking a relief including a declaration that Dangote Industries Limited cannot take any benefit, interest or rights from the incompetent agreements entered into on July 30, 2002, and February 14, 2003, respectively, having failed to furnish any consideration to the Kogi State Government.
It also wants an order nullifying the agreements entered into on July 30, 2002, and February 14, 2003, respectively, for lack of consideration.