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Kogi State High Court orders Federal Government to halt concession of Ajaokuta steel company and national iron ore mining company


The Kogi State High Court has issued an order to the Federal Government to desist from proceeding with the concession of the Ajaokuta Steel Company Limited (ASCL) and the National Iron Ore Mining Company (NIOMCO) at Itakpe.
The court also barred the government from conducting its planned virtual pre-qualification conference interview scheduled for May 4, 2023, pending the hearing and determination of the Motion on Notice.

The Attorney General of Kogi State had filed a suit on behalf of the government and people of the state to stop the government from continuing with the concession process, and the court found substance in the motion and granted the two prayers of the applicant.

The two companies are located
in Kogi State, and the Federal Government had commenced the concession process and placed an advertisement to that effect.

The Attorney General of Kogi State is the Claimant/Applicant, while the Attorney General of the Federation, Ministry of Mines and Steel Development, Infrastructure Concession Regulatory Commission (ICRC), Bureau of Public Enterprises (BPE), Ajaokuta Steel Company Limited (ASCL), and National Iron Ore Mining Company (NIOMCO) are the Defendants/Respondents in the motion numbered 211M/2003.

The orders prayed by the Kogi State Attorney General included an interim injunction restraining the Defendants/Respondents from proceeding with the concession and from carrying out any of the itemized functions/activities contained in their publication pending the hearing and determination of the Motion on Notice.

Delivering his ruling, Hon. Justice Josiah Majebi, the Chief Judge of the state and presiding judge of the High Court 1, found substance in the motion and granted the two prayers of the applicant.

The judge said the affidavit of urgency deposed to by the claimant clearly established that he “has a prima facie case on a claim of right to the 5th and 6th defendants (ASCL and NIOMCO) and that except the court intervenes at this stage to prevent the defendants from proceeding with their plan on concession of the companies, their action will foist a state of helplessness and hopeless.”

The case will continue to be heard in court.
Adeyinka Arutu

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