A Federal High Court sitting in Lokoja, Kogi State has adjourned the case with Suit No FHC /LKJ/C5/25/17 involving the Atta family as plaintiffs and two mining companies Dangote Industries Limited, Dangote Cement Plc and Federal Ministry of Mine and Steel Development as defendants, till June 27, 2023.
The plaintiffs are Prince Mahmud Sani Atta, Abdulmaliki Atta , Mohammed Sadiq Atta and Mohammed Shaibu Onochu Atta have dragged the defendants to Federal High Court in 2017 over alleged granting of mining lease 2541 ML with No 00001103 dated 1st February , 2008 to the 1st defendant by the second defendant and 3rd defendant without compliance with provision of Nigeria Mineral and mining Act 2007.
The defendants are AICO, Federal Ministry of Mines and Steel Development, the Mining Cadastre Office, Dangote Industries Limited and Dangote Cement Plc.
When the case came for mention yesterday, the plaintiff’s legal counsel, Mathew Onoja had moved an oral application for motion for hearing.
The counsel to the 1st , 4th and 5th defendants, Imen Edem-Nse objected to the plaintiff’s legal counsel , arguing that Mathew Onoja cannot move such a motion because other legal teams in the case have not been properly served the motion on change of legal counsel.
He drew the attention of the trial judge, Justice S.B. Onuh to High Order 9 rule 35 in case there is need for a change in legal counsel, such motion must be properly served and therefore vowed that it must be done according to the rule.
Responding, Onoja told the court that contrary to the objection, they had complied with the rule by filing an application for the change of counsel and had duly served the court and defendants.
He said the plaintiffs had told him that the application was filed on 11th October, 2022 and the registry should bail them out.
But when the judge asked for an application from the registrar, it could not be found in the court records.
The plaintiff’s counsel therefore told the court he would do the needful by serving them fresh application so as to allow the hearing of the substantive suit before the court.
In his ruling Justice Onuh granted the oral application by the plaintiff’s counsel to properly serve the defendants and court the notice for change of legal counsel. Onuh adjourned the case for hearing till June 27, 2023.
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