A concerned resident of Libata/Kabirba community, Mr. Hamza Muhammed Libata has called on Mr. Adamu Tah, Managing Director/Chief Executive Officer of El-Tahdam Exploration Limited to withdraw what he described as “a widely publicized misinterpretation of the decision the Federal High Court, Birnin Kebbi, in Suit No. FHC/KB/CS/39/2024 delivered by the Hon. Justice E. Gakko.”
Muhammed, who made the call during a media engagement in Birnin Kebbi, Kebbi State, expressed concern that “Tah’s dissemination of the erroneous interpretation of the court decision constitutes a threat to peace and harmony in the community,” adding that Tah should be brought to book.
“I urge the Inspector General of Police to prosecute Adamu Tah for disseminating misleading interpretation of the court decision, I also urge the Federal High Court, sitting in Birnin Kebbi to take a decisive action against Tah and is company, 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,” Hamza said.
Hamza, who said he keenly followed the legal battle between Three Crown Mines Ltd and El-Tahdam Exploration noted that the court judgment in the suit, which was delivered on February 27, 2025, did not decide on the rights of the parties as claimed by Adamu Tah in his statement made available to Daily Sun Newspaper and reported on the 7th March, 2025.
Hamza explained that “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 and 17 of the Nigeria Minerals and Mining Regulations, 2011.”
Discussing the status of the situation, Adamu explained that no pronouncement was made validating the license of El-Tahdam Exploration Ltd in the said judgment. He said the court, having struck out the matter for been premature, means that 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.
The resident further appealed to the general public to disregard the statements and comments made by Adamu Tah, stating that it does not represent the true pronouncements of the Court.
Hamza, who admonished the people of Libata/Kabirba community to remain peaceful and anticipate the implementation of the investment intentions of the companies and the CSR projects assured, explained that as a concerned member of the community, he owes it a duty to put records straight by ensuring that investors operate within the confines of the law.
“We will not stand idle while an individual or company misinterprets a court decision that is clear and unambiguous,” he said, adding that the interpretation is misleading and can create confusion in “our community.”
He said Adamu Tah’s comments have raised needless concerns about the integrity of the judicial system, adding that there is need for individuals and companies to respect the decisions of the court by according judgments the clear and unambiguous interpretations they deserve.
Malam Hamza therefore urged the public to disregard statements and comments made by Adamu Tah or El-Tahdam Exploration Limited as it does not represent the 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, from being 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 characterized 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 and 17 of the Nigeria Minerals and Mining Regulations, 2011, Malam Hamza said.
In his judgment, 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 has validated its license is incorrect and misleading.”
Mr. Hamza Muhammed Libata counseled Adamu Tah and El-Tahdam Exploration to desist from misleading the public as there was no order or pronouncement made by the Federal High Court, Birnin Kebbi to the effect that Three Crown Mines Ltd was ordered to do or not to do any activity, and it defied same.
He therefore called on Tah to publish a recant of his misleading comments and apologize to the public, adding that Tah should approach the court to do what is required within the ambit of the law and not to make misleading statements.
Reacting to the judgment, 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 favor of his company, affirming the validity of its Exploration License and Mining Lease.
“However, from the judgment read by the Honorable Judge and the content of the certified true copy of the judgment, the Honorable Court did not rule in favor of El-Tahdam Exploration Limited. Rather, the court struck out the suit for being premature.”
