A Federal High Court sitting in Abuja, Nigeria’s Capital has ordered the immediate unsealing of a mining company, Crushed Rock Industries Nig Ltd, at Isiagu, Ebonyi State, in Southeastern part of the country.
The company was shut down on March 11, 2020, by the state government.
In a judgement delivered by Justice Ahmed Mohammed, the court further awarded the sum of N10 million as damages against the Ebonyi state government for the wrongful closure of the mining firm.
The firm through its counsel, Mike Ozekhome, challenged the shutting down of its operations, stressing that it has mined at Ishiagu, in Ebonyi state for over 40 years.
It urged the court to declare that ”it is only the Nigerian Government that has the the constitutional power to determine issues relating to mining in the country. ”
The Plaintiff further urged the court to declare that the illegal entry and unilateral sealing up of its quarry site by the Ebonyi State Government, without a court order, was illegal.
It therefore prayed the court to order the immediate reopening on its quarry site.
Delivering judgement on the suit, Justice Mohammed dismissed preliminary objection the Ebonyi State government filed against the suit.
Justice Mohammed also referred to the Mining Act, 2007, which made specific provisions on how an erring mine holder should be punished, adding that such power does not reside with the state government.
The state had through its lawyer, Mr. A.A Ibrahim, SAN, challenged the territorial jurisdiction of the Abuja division of the high court to entertain the suit.
It contended that since the parties are located in Ebonyi, it is the Ebonyi division of the Federal High Court that should have the jurisidiction to determine the matter.
Besides, it argued that the suit could not be properly decided with the parties filing their pleadings and the action subjected to cross examination.
It told the court that ”the crux of the action complained by the Plaintiff bordered on trespass which it said was within the jurisdiction of the Ebonyi State High Court.”
On its part, the Federal Ministry of Mines and Steel Development said it was not opposed to the suit.
The 1st and 2nd Defendants agreed with the Plaintiff that all activities involving mining in Nigeria is contained in the exclusive list of the Constitution and as such, only the Nigerian government has the power to discipline the Plaintiff where the need arises.
They told the court that there was no report whatsoever to their office on any hazardous activity of the Plaintiff at its mining site.
While dismissing the preliminary objection, Justice Mohammed held that he had jurisdiction to determine the matter since the 1st and 2nd Defendants’ head offices are located in Abuja, the nation’s capital.
The court also agreed with the Plaintiff and the 1st and 2nd Defendants that only the Nigerian government can take any action on issues relating to mining in the country.
Mercy Chukwudiebere
