Displaying items by tag: Court

Dangote Cement’s Obajana plant has been the focus of an argument between the cement producer and the Kogi State Government (KSG) in recent weeks. The integrated plant was forced to close in early October 2022 and then reopened in mid-October 2022 following an order by the Federal Government. The dispute then entered a legal phase, with the state government taking Dangote Cement to court. The case is ongoing.

The current stage of the disagreement dates back to late August 2022 when the Kogi State House of Assembly reportedly set up a committee to investigate the shares that the state owned in Dangote Cement and other organisations as part of an initiative to examine tax revenue from mining companies. By the end of September 2022 this had turned into a discussion about how exactly Dangote Cement had originally acquired its shares in the Obajana cement plant in Kogi state as well as how much tax it was paying. In early October 2022 the local government ordered the closure of the plant. Events then turned nasty as local vigilantes attacked the plant and hurt some of its staff. In the general unrest that followed the Kogi State House of Assembly was destroyed in a fire. The plant partially reopened fairly quickly and then fully once the Federal Government intervened. Legal action was then started at the Kogi High Court.

Unusually for this kind of disagreement both sides have published detailed information on their respective arguments. Dangote Cement’s parent company Dangote Industries outlined how it originally came to build and own the Obajana cement plant. In short, it signed deals in 2002 and 2003 to buy a 100% stake in Obajana Cement from the KSG, before the plant was built, with the proviso that the state could later buy a 5% share within five years. Dangote Industries then independently financed and built the plant and Obajana Cement later became Dangote Cement. Crucially, according to Dangote Industries, KSG never bought its 5% share. On the opposing side, the KSG has published what it says is the original contract and annexes that it signed with Dangote Industries. This agrees with some of what Dangote Industries has said, especially the part about the option to buy a 5% stake within five years. However, according to reports in the local press, KSG is attempting to persuade the judiciary to cancel the original contract on the grounds that it lacked clear consideration of what should pass from the state to Dangote Industries in return for giving the latter full ownership of Obajana Cement. In other words, the KSG is querying whether the contract is valid given that it received apparently nothing for giving a company away.

The Obajana cement plant was later built and it became operational in 2007. Today it is the largest cement plant in Nigeria and one of the largest in Africa. It produces around a third of the country’s cement and this is why its closure earlier in October 2022 became a national issue. Since the early 2000s Dangote Cement has become the biggest cement producer in Sub-Saharan Africa. It is both a success story for the region and the world.

There may be issues with the perceived or actual contribution Dangote Cement is making locally in Kogi State. These are the kinds of issues that both companies and governments contend with continually. Companies consider where it is cost effective to place investments and governments try to entice them. It is possible that the KSG gave Obajana Cement to Dangote Industries in what it retrospectively considers is a poor deal. It is also possible that Dangote Cement has not paid sufficient tax, although it strongly denies this, and the KSG seems to have moved on from this line of attack. What may be the bigger issue here is if Dangote Cement is perceived to have not paid its dues in Kogi State. However, it seems odd that the KSG would suddenly decide to go after Dangote Industries nearly 20 years after agreeing to the deal. It also seems strange that no lawyer for either party flagged the consideration issue at the time. Thankfully calmness has now prevailed in the state and the cement plant remains open. It is for the courts to decide the validity of the original contract between Dangote Industries and the KSG.

Nigeria: The government of Kogi State has filed a lawsuit against Dangote Cement's parent company Dangote Industries. The state government claims no payment was received for Dangote Cement's acquisition of the Obajana cement plant upon its privatisation in 2002, according to the Advocate newspaper. If the legal case is successful it could void the cement producer’s contract with the state government.

The National Security Council ordered the reopening of the Obajana cement plant in the national interest on 14 October 2022, following its closure by order of the Kogi State Assembly.

Russia: Switzerland-based Holcim has written to multiple Russian government ministries to challenge a court ruling changing the benefactors of its Russian business. Local press has reported that the producer is subject to attempted assets raiding, with multiple anonymous submissions to the Russian Federal Tax Service requesting structural changes to its legal entities in Russia.

Holcim decided to leave the Russian market in March 2022 following the invasion of Ukraine.

Pakistan: Popular Cement Industries has won a court case against Gatron Group, which the cement company claimed was intruding upon a mine held under lease by it. The Business Recorder newspaper has reported that Gatron Group began construction of a partition wall across the mine. The judge ruled that Popular Cement Industries inherited its lease from Dadabhoy Cement in 1986.

India: The Assam Human Rights Commission (AHRC) has directed Calcom Cement to create 20 new full-time jobs for local people by January 2023. The Sentinel newspaper has recorded that the new positions must go to people from designated Project Affected Families (PAFs) with regard to the plant's Pipapukhuri cement plant in Assam. The designation covers any household which lost a source of a livelihood following the company's refusal to deliver a previously agreed rehabilitation package.

Mexico: The Mexican Federal Economic Competition Commission (COFECE) has fined Cemex US$89,000 for failing to notify it of a transaction that exceeded the threshold for notification. COFECE also approved the transaction in question.

Cemex has the right to seek legal recourse against the fine.

Mexico: Cooperativa La Cruz Azul has taken to Twitter to thank the executive and judicial authorities of Mexico City for their work in dismantling the criminal network which had previously taken control of the producer. Prosecutors have indicted former Cooperativa La Cruz Azul legal director Victor N, who went into hiding in July 2020, and an alleged accomplice, Joel N.

Ireland/UK: An Irish high court has granted Mannok an injunction to prevent former Quinn Industrial Holdings CEO Seán Quinn from trespassing on the site of its Derrylin cement plant and quarry in Cavan and County Fermanagh, Northern Ireland, UK. The Irish Examiner newspaper has reported that the company cited safety concerns over Quinn's presence near industrial equipment and a sheer quarry drop. His media statement in 2021 that he would 'do anything' to remove its directors compounded Mannok's 'sense of unease.'

France: The Court of Appeals has confirmed a charge of complicity in crimes against humanity against Lafarge, now part of Holcim. The company will now appeal the decision to the Supreme Court. The confirmation establishes the scope of the charges that Lafarge will face, if unsuccessful in its appeal.

Global Cement previously reported that Lafarge allegedly made indirect payments to terror organisation ISIS between 2011 and 2014 in order to keep its Jalabiya cement plant operational during the Syrian Civil War. French prosecutors opened an investigation into the company’s activities in the country in June 2017, leading to its indictment for complicity in crimes against humanity on 28 June 2018.

Namibia: Immigration authorities have deported eight illegal Whale Rock Cement workers back to China. The Namibia Press Agency has reported that a court sentenced the Chinese nationals to deportation and fined them US$403 each.

Whale Rock Cement has reportedly launched its own legal action against vigilante workers’ rights group Namibia Economic Freedom Fighters (NEFF), which uncovered the illegal practices, for trespassing.