Prince Buhari Omolori Writes AGF, Seeks Intervention Over Oguda Land Dispute With Okpella, as Supreme Court Case Remains Pending

The Honourable Attorney-General of the Federation and Minister of JusticeFederal Ministry of JusticeAbuja, FCT.

OGUDA LAND UNDER THREAT: AN APPEAL FOR FEDERAL INTERVENTION PENDING THE SUPREME COURT’S DECISION

I write on behalf of the people of Oguda in Okene Local Government Area of Kogi State to respectfully seek your urgent intervention concerning the continued encroachment by some members of the Okpella community onto Oguda land. These activities have already resulted in violence and serious humanitarian consequences. In December 2025, houses were burnt and several residents were reportedly displaced from their homes. These unfortunate developments have significantly heightened tensions and continue to pose a serious threat to peace, security, and stability within the affected communities.

I respectfully submit that this matter did not originate as a boundary dispute between Edo and Kogi States, nor is it an ethnic dispute between the Okpella and Ebira peoples. Rather, it is fundamentally a matter of encroachment upon Oguda land dating back to 1975, which has subsequently been complicated by the grant of competing mining titles and their implications for the existing boundary between the two communities.

The 1985 Judgment Concerning Ohuadumi Area

This position is supported by the judgment of Hon. Justice I. Adeniyi in Orumah Attah Omadivi v. Okpella Cement Company, Suit No. KWS/LO/18/78 (1985) (Appendix 001), concerning the Ohuadumi Area, Masses A and B.

In that case, Okpella Cement Company claimed rights through a third party, Ado Ibrahim & Company Limited. However, the Court held that the rights claimed through Ado Ibrahim & Company Limited had not been established, as the purported Mining Lease No. 17825 was neither proved in evidence nor shown to have been obtained with the consent of the landowners.

Consequently, judgment was entered in favour of Orumah Attah Omadivi, with damages awarded against Okpella Cement Company in the sum of ₦37,300.00.

The effect of that judgment was that the purported Mining Lease No. 17825, upon which AICO, Okpella Cement Company (now associated with BUA Group Plc), and the mining interests subsequently associated with Dangote’s Mining Lease No. 2541 relied, was found to have no legal foundation before the Court. Consequently, the continued occupation of the affected areas amounted to encroachment.

Subsequent Appeal and Fresh Mining Leases

Following the 1985 judgment, no appeal was filed by AICO. However, the appeal filed by Okpella Cement Company, Appeal No. CA/K/111/86 (Appendix 002), was dismissed.

Okpella Cement Company, which subsequently became associated with BUA Group Plc, allegedly procured fresh Mining Leases Nos. 18911 and 18913 through a purported consent letter.

These new leases overlapped with Dangote’s Mining Lease No. 2541, which had originated from AICO. This development has contributed to prolonged and continuing litigation over the affected area.

Position of the Federal Ministry of Mines and Steel Development

The Federal Ministry of Mines and Steel Development subsequently wrote to the Edo State Government concerning the approval of the overlapping mining leases, maintaining that the approvals had been made in error and were therefore null and void.

The Ministry further maintained that a State Government lacks the constitutional authority to issue mineral titles.

Federal High Court and Court of Appeal Proceedings

Thereafter, the Federal High Court, Benin Judicial Division, in Suit No. FHC/B/CS/7/2016 (Appendix 003), presided over by Hon. Justice S. M. Shuaibu, entered judgment against BUA Group and in favour of the Honourable Minister of Mines and Steel Development, Orumah Attah Omadivi, AICO, Dangote Group, and the other defendants.

That judgment was subsequently affirmed by the Court of Appeal, Benin Division, in Appeal No. CA/B/13/2022 (Appendix 004).

BUA Group has since filed a further appeal before the Supreme Court, SC. No. 5C/CV/A12/2023, where the matter remains pending.

Earlier Proceedings Involving BUA Group, Edo State Cement Company and HRH Alhaji A. Y. E. Dirisu

Prior to the foregoing proceedings, BUA Group, Edo State Cement Company, and HRH Alhaji A. Y. E. Dirisu had also been found liable in Suit No. HC/EB/08C/2012 (Appendix 005) before Hon. Justice Stephen Jonah Adah, where damages in the sum of ₦150,000.00 were awarded.

The subsequent appeal, Appeal No. CA/A/156/2013 (Appendix 006), was dismissed by Justice Adamu Jauro of the Court of Appeal, Abuja, thereby affirming the earlier decision in favour of Mahmoud Sani Atta (Omadivi).

Consequences of the Overlapping Mining Leases

The overlapping of Mining Lease Nos. 18911 and 18913 with Dangote’s Mining Lease No. 2541 has had significant practical consequences.

Among other things, it has created uncertainty regarding the rights and interests attaching to the disputed mining area. This situation has, in the view of many residents, emboldened some members of the Okpella community to continue encroaching upon the resource-rich Oguda area of Okene Local Government Area.

The Edelstein Nigeria Limited Transaction

This pattern is further illustrated by the experience with Edelstein Nigeria Limited.

The company initially approached His Royal Majesty, HRM Andrew Yesufu Dirisu, the then Okuokpellagbe of Okpella, who directed its representatives to the Ohinoyi of Ebira, Alhaji Muhammad Sani Omolori, as the area in question is situated in Oguda, Okene.

The Ohinoyi, in turn, directed them to Alhaji Musa Onusaba of the Ehebe Clan of Oguda.

Following negotiations, an agreement was executed (Appendix 007) covering approximately 35 hectares of land at Irukuonobu, Agoda, within Oguda, Okene Local Government Area.

Despite this history, some individuals from Okpella now lay claim to the same area and Edelstein has defaulted on payments.

Recent Encroachment, the Ovuvu Stream and Security Concerns

Honourable Minister, the situation has continued to deteriorate.

There are ongoing efforts to obscure the natural boundary between our communities by filling the Ovuvu Stream (Appendix 008), which has historically separated Oguda and Okpella, without regard to the adverse ecological footprint it creates.

Furthermore, Polling Unit 001 and the surrounding area of Onyiukoko Ward in Agama, Oguda, located near the boundary, have effectively become inaccessible to our people.

The signpost indicating the boundary was removed, and security personnel reportedly accompanied certain individuals who attacked villagers and arrested some Oguda indigenes on allegations of kidnapping, while simultaneously directing residents to vacate their ancestral homes.

Indeed, in late March, I personally visited Oguda and witnessed some Okpella youths entering the area with security personnel and proceeding to a newly opened site, notwithstanding the pendency of the appeal before the Supreme Court.

Such actions, if left unchecked, risk prejudicing the pending proceedings, escalating tensions, and undermining public confidence in the administration of justice.

Commitment to the Rule of Law

Some may perceive the resolve of the Ebira people as stubbornness, but history demonstrates that this resolve is rooted in an unwavering commitment to the rule of law.

I pursue justice through lawful means, not intimidation or violence. Nevertheless, continued attacks against our people risk creating further tension and potentially dangerous consequences.

I will not accept injustice, oppression, or the unlawful dispossession of our ancestral land. Our rights will continue to be defended through lawful means, and not an inch of our land will be surrendered.

Specific Requests for Federal Intervention

In view of the foregoing, I respectfully pray that the Honourable Attorney-General of the Federation and Minister of Justice use the good offices of your Ministry to:

1. Intervene urgently to ensure that the status quo is maintained over the disputed Oguda land pending the final determination of the appeal presently before the Supreme Court.
2. Direct or facilitate appropriate measures to prevent further encroachment, occupation, construction, mining activities, or alteration of the disputed area pending the determination of the appeal.
3. Ensure that the relevant security agencies maintain neutrality and protect all parties and communities, rather than allowing the presence or involvement of security personnel to facilitate further encroachment or displacement.
4. Protect the integrity of the subject matter of the pending litigation, so that no party is permitted to take actions capable of prejudicing or frustrating the eventual judgment of the Supreme Court.
5. Ensure the protection of the lives, homes, property, and ancestral rights of the people of Oguda, particularly those who have been displaced or affected by the continued encroachment and recent incidents of violence.
6. Call upon the relevant Federal authorities to investigate the circumstances surrounding the continued encroachment and the activities taking place within the disputed area, including the removal of boundary markers, the filling of the Ovuvu Stream, and the opening of new sites while the matter remains pending before the Supreme Court.
7. Take any other lawful and necessary steps within the powers of the Federal Government to prevent further escalation of the dispute, preserve peace and public order, and ensure that the final judgment of the Supreme Court is capable of being effectively enforced.

I respectfully submit that these measures are necessary not to interfere with the judicial process, but precisely to protect the judicial process and preserve the subject matter of the appeal until the Supreme Court has delivered its final decision.

I therefore respectfully appeal for your urgent intervention in the interest of justice, peace, public order, the rule of law, and the protection of the rights of the people of Oguda and all other affected communities.

I remain confident in your commitment to the rule of law and respectfully seek your urgent intervention.

Yours faithfully,

Prince Buhari Omolori Sani
For and on behalf of the People of Oguda
Okene Local Government Area
Kogi State

Copied to:

1. The Honourable Minister of Solid Minerals Development.
2. The Honourable Minister of Environment.
3. The Inspector-General of Police.
4. The Governor of Edo State.
5. HRM Michael Eshiorenoya Sado, the Okuokpellagbe of Okpella.
6. The Governor of Kogi State.
7. The Director-General, Department of State Services (DSS).
8. The Managing Director/Chief Executive Officer, AICO.
9. The Managing Director/Chief Executive Officer, Dangote Industries Limited.
10. The Managing Director/Chief Executive Officer, BUA Cement Plc.
11. The Chief Registrar, Supreme Court of Nigeria.