A Resident of Libata/Kabirba, Malam Hamza Muhammed Libata has accused Adamu Tah, Managing Director/Chief Executive Officer of El-Tahdam Exploration Limited, of misleading the public and misrepresenting a court judgement delivered by Honourable Justice E. Gakko of the Federal High Court sitting in Birnin Kebbi in Suit No. FHC/KB/CS/39/2024.
According to Malam Hamza who has keenly followed up the legal battle between a company called Three Crown Mines Ltd and El-Tahdam exploration Ltd disclosed this to Series News Online in an interview in Birnin Kebbi, the Kebbi State capital, that the court judgement in the above mentioned suit, which was delivered on February 27, 2025, did not decide on the rights of the parties as claimed by Adamu Tah in a statement, He made available to Daily Sun Newspaper and reported on the 7th March, 2025. Instead, the Honourable court struck out the suit filed by The Three Crowns Mines LTD for been premature, citing the plaintiff's failure to exhaust the administrative procedures provided under section 141 of the Nigeria Minerals and Mining Act, 2007 and Regulations 16 & 17 of the Nigeria Minerals and Mining Regulations, 2011.
Malam Hamza has also appealed to the general public to disregard the statements/comments made by Adamu Tah, stating that it was not the true pronouncements of the Court.
In a statement by Malam Hamza,Their community is a peace loving one, and they look forward to company's with good intentions to come and invest in their community, while He as a concernned member of the community owe it a duty to ensure, that the investors operate within the confines of the law and while doing so, We will not stand idly by while individuals like Adamu Tah sit in His comfort zone to misinterpret the Court decision that is clear and unambiguous in order to create confusion in our community.
The selfish statements/comments of Adamu Tah has raised concerns about the integrity of the judicial system and the need for individuals and companies to respect the decisions of the court by giving them their clear and unambiguous interpretations.
Malam Hamza has further urged the public to disregard any statements/comments made by Adamu Tah or El-Tahdam Exploration Limited as same are not the true content and decision of the federal High Court, Birnin Kebbi.
"We will continue to follow up issues like this in order to avoid our community which is at the receiving end been misled on sensitive issues like court decisions, Malam Hamza said.
In a related development, The Three Crowns Mines LTD had instituted an action against El-Tahdam Exploration Limited, the Mining Cadastre Office, and the Minister for Solid Minerals Development, seeking several reliefs, including; a declaration, that the grant of Exploration license No. 45689 EL and mining lease No. 62680 ML to El-Tahdam Exploration Limited was illegal and void, same been wholly characterised by a process contrary to the provisions of the Nigeria Minerals and Mining Act, 2007 and Nigeria Minerals and Mining Regulations, 2011.
Three Crown Mines Ltd also sought for an order setting aside the Exploration license and mining lease granted to El-Tahdam Exploration Limited, as well as a mandatory order of injunction restraining the defendants from trespassing or interfering with the plaintiff's mining activities.
However, the court struck out the suit, citing the plaintiff's failure to exhaust the administrative procedures provided by section 141 of Nigeria Minerals and Mining Act, 2007 and Regulation 16 & 17 of the Nigeria Minerals and Mining Regulations, 2011, Malam Hamza revealed.
In his judgement, Honourable Justice E. Gakko held, that the plaintiff's failure to exhaust the administrative procedures rendered the suit premature.
The judge cited several authorities, including the Court of Appeal case of Ogugua V Jimoh (2018) LPELR- 46649 CA, where it was held that "a party seeking to invoke the court's jurisdiction must satisfy all pre-conditions laid down by law."
Justice Gakko also cited the Supreme Court case of Obi V INEC (2007) LPELR- 2166 SC, where it was held that "once a court declines jurisdiction to entertain a suit, the only other step it could take in the matter is to make an order striking out the suit."
"That it is an elementary principle of law as rightly stated by the court in the judgment, that once a court declines jurisdiction to entertain a matter for one reason or the other it cannot make any further order or dive into the main suit. Hence, the statement of Adamu Tah and El-Tahdam exploration Ltd, that the Court have validated its license is a blatant lie aimed at creating an avenue to perpetrate illegality in not only our community, but Kebbi State in general and that cannot be condone"
"That Malam Hamza Muhammed Libata, counseled Adamu Tah and El-Tahdam exploration Ltd, that if they think there is any order or pronouncement made by the federal High Court, Birnin Kebbi where Three Crown Mines Ltd was ordered to do or not to do any act and it defied same, then they should approach the same court to do what is required of them within the ambit of the law and not to come on media misquoting/ misinterpreting the Honourable Court and making empty pleas.
Reacting to the judgement, Adamu Tah, MD/CEO of El-Tahdam Exploration Limited, was quoted in The Daily Sun Newspaper of 7th March, 2025 as saying that the court had ruled in favour of his company, affirming the validity of its Exploration license and mining lease.
"However, from the judgment read by the Honourable Judge and the content of the certified true copy of the said judgment, the Honourable Court did not rule in favour of El-Tahdam Exploration Limited, but rather struck out the suit for been premature.
That no pronouncement is made validating the license of El-Tahdam exploration Ltd in the said judgment. And the Court having struck out the matter for been premature, the position of the parties and their respective licenses remains as they were before the institution of the suit pending the exhaustion of the administrative procedures provided under Section 141 of the Nigeria Minerals and Mining Act, 2007 and Regulations 16 &17 of the Nigeria Minerals and Mining Regulations, 2011 said Malam Hamza.
Malam Hamza has also accused Adamu Tah of misleading the public and telling lies against the court, an act which is ordinarily contemptuous in the Nigerian legal system.
The incident has raised concerns about the integrity of the judicial system and the need for individuals and companies to interpret the decisions of the courts as they are and not as they wish said Malam Hamza.
" finally, I urge the Federal High Court, sitting in Birnin Kebbi to take a decisive action against Adamu Tah and El-Tahdam exploration Ltd for misleading the public and telling lies against the court so as to serve as a deterrence to them and others", Malam Hamza said.
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