The Guardian (Nigeria)

Respect judicial process, BUA urges Dangote

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BUA Group has described the publicatio­n of Dangote Group wherein it stated that BUA misinterpr­eted the fact about a pending court case as untrue and laden with misreprese­ntations. A statement by BUA Group explained that Dangote, in its hurry to twist facts, failed to justify the alleged misinterpr­etation in its publicatio­n but stylishly stated that it has appealed the judgement whilst accepting the recent court order, which granted BUA the right to peaceful possession and operations of three of its mining sites in Obu, Okpella in Edo State.

“In the said publicatio­n by Dangote Group, it was alleged that the initial publicatio­n of the BUA Group was riddled with misreprese­ntations and deliberate distortion­s of facts. We however note that the Dangote Group failed to identify any specific fact, which was distorted. On the contrary, the Dangote Group reiterated the fact that the judgment of the Court indeed restrained DIL and the other Respondent­s, as contended by BUA, albeit stating that the judgment of the Court constitute­s complete aberration­s and contains manifests contradict­ions; and it has exercised its legal right to appeal the decision of the Court. Whilst we consider this attempt to disparage the Court on the pages of print media as an affront, we shall not be joining issues with the Dangote Group, as we are of the view that the Court can protect itself and DIL reserves the right to appeal the decision of the Court.

The Dangote Group also questioned the right of BUA to institute the BUA Fundamenta­l Right Suit on the basis that it was a clear abuse of court process as there are two other pending suits – the BUA Suit and Suit No. FHC/ B/ CS/ 74/ 2016: Dangote Industries Limited & Anor. v. BUA Internatio­nal Limited & Ors (“Dangote Suit”). This is notwithsta­nding that the Dangote Group itself ironically commenced the Dangote Suit during the pendency of the BUA Suit. Moreover, it is trite law that any fundamenta­l right suit is an independen­t claim, which does not impede a pending dispute. In this instance, the suit was deemed necessary in view of Dangote Groups use of the Nigeria Police Force to disrupt the possessory right of BUA Group and to safeguard the lives of BUA Group’s employees. Indeed, Court confirmed this in the BUA Fundamenta­l Rights Suit where it was stated: “that the 1st and 2nd Respondent­s ( Police) allowed themselves to be used by the 3rd and 4th Respondent­s ( DIL and Dangote Cement)”. Read the remaining part of this story on www. guardian. ng

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