The plaintiff in a mining dispute case before the Federal High Court in Abuja has filed an appeal challenging parts of the court’s earlier judgment.
The case, Igweajah Pius Ogbonnia v. Zotmann Minning Ltd & 5 Ors (Suit No: FHC/ABJ/CS/320/2021), was heard by Justice I. E. Ekwo on Thursday, July 4, 2024.
Emmanuel Emerenini, Esq., representing the plaintiff, informed the court that they had filed an appeal and a motion for stay of execution. Emerenini requested a long adjournment to discuss the progress of the appeal. However, Justice Ekwo noted that he had never stopped the 1st and 2nd defendants from working and that the defendants had subjected his judgment to unnecessary interpretation instead of complying with it.
The court also pointed out that the plaintiff had previously filed a contempt application against the defendants for non-compliance with the judgment. Justice Ekwo expressed surprise that the plaintiff, who had earlier accused the defendants of non-compliance, was now the one appealing and seeking a stay of execution.
Emerenini clarified that they were only appealing part of the judgment, not the entire decision. Justice Ekwo, however, stated that since the plaintiff had proceeded with an appeal, the Court of Appeal was now seized of the case. Consequently, the court struck out the plaintiff’s motion for contempt dated April 4, 2024, and adjourned the case sine die, pending the outcome of the appeal.
The case revolves around a mining dispute between Igweajah Pius Ogbonnia, who is suing on behalf of landowners and occupiers at Oviri Onuogbu Amaedim, Ngwogwo Community, Ishiagu, Ivo Local Government Area, Ebonyi State, and the defendants, including Zotmann Minning Limited, Victor Nwokesi, the Federal Ministry of Mines and Steel Development, and others.