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Dangote: Our acquisition of Obajana Cement plant followed Due Process
Dangote: Our acquisition of Obajana Cement plant followed Due Process
*Obajana Cement PLC was incorporated in 1992 and as at 2002 had no paid up shares
* Kogi State has no equity interest in Obajana Cement Plc
* The plant and machinery were conceived, designed, procured, built, and paid for solely by DIL, well after it acquired the shares in Obajana Cement Company
* The land on which the Obajana Cement Plant is built was acquired solely by Dangote Industries Limited (DIL) in 2003
* Taxes paid to Kogi Govt yearly since production commenced in 2007
The management of Dangote Industries Limited has insisted that its acquisition of the Obajana Cement Plc in 2002 followed due process, contrary to claims by the Kogi State government.
The conglomerate asserted that Kogi State government has no equity interest in Obajana Cement Plc. It also stated that the company as a responsible corporate organisation has been paying relevant State taxes, levies and charges to the Kogi State government since 2007 when production commenced in the acquired cement plant.
These clarifications were contained in a statement issued by the management of Dangote Industries Limited titled ‘Obajana Cement Plant: Separating Facts from Fiction.’
According to the statement, “This is a statement issued for the sole purpose of addressing the concerns and apprehensions of the stakeholders of Dangote Cement Plc (DCP) especially the over twenty-two thousand people it employs directly, and more indirectly, as well as thousands of contractors, wholesalers, users of our products, our financiers and shareholders.
“At a time of significant economic challenges that we face as a nation, we believe all must be done to keep our economy running effectively, our people employed, businesses that depend on us thriving and not discourage those who take the risks of needed, lawful and significant investments in our economy. The shutdown of our plant has materially jeopardised the economic wellbeing of our country without any regard for its significant consequences.
“Whilst reserving our rights to proceed to arbitration in accordance with the extant agreement, we have reported the unlawful invasion by KSG and the consequential adverse effects of same to all the relevant authorities, including the Federal Government of Nigeria who has now intervened in the matter. It is hoped that the dispute resolution process we have initiated will quickly resolve the disputes and allow us to focus on our business without distraction and continue our significant contribution to our national economy. It is in this context that we state in brief as follows”, the company added.
According to the statement, “The Obajana Cement Plant is one of the most critical components of economic activity in the nation, being one of the highest taxpayers, and vehicle for one of the largest companies invested in by thousands of Nigerian and foreign investors. Its most important assets are (1) its land, the plant and machinery thereon, and (2) the vast limestone deposit covered by mining leases issued under licence by the Federal Government of Nigeria (FGN).”
The company clarified that the land on which Obajana Cement Plant is built was solely acquired by Dangote Industries Limited (DIL) in 2003. “The land on which the Obajana Cement Plant is built was acquired solely by Dangote Industries Limited (DIL) in 2003, well after it had acquired the shares in Obajana Cement Company in 2002, following the legally binding agreement it entered into with KSG to invest in Kogi State. DIL was issued three Certificates of Occupancy in its name after payment of necessary fees and compensation to landowners.
“The plant and machinery were conceived, designed, procured, built, and paid for solely by DIL, again, well after it acquired the shares in Obajana Cement Company. The limestone and other minerals used by the Obajana Cement Plant, by the provisions of the Nigerian Constitution belonged to the Federation, with authority only in the FGN and not the State in which the minerals are situated, to grant licences to extract and mine the resources”, the company explained.
“After the agreement with the KSG, DIL applied for and obtained mining leases over the said limestone from FGN, at its cost and has complied with the terms of the leases since inception. The Government of Kogi State had no minerals to give, had no assets to give, and only invited DIL as most responsible governments do to come into the State and invest in a manner that will create employment, develop the State, and earn it taxes”, the statement added.
In a section of the statement titled, ‘The Incorporation of OCP and the Invitation by KSG’, the company noted that, “In 1992, the Kogi State Government incorporated Obajana Cement PLC (OCP) as a public limited liability company. Sometime in early 2002, about 10 years after the incorporation of the OCP (which still had no assets or operations as of that time), KSG invited Dangote Industries Limited (DIL) to take the opportunity of the significant limestone deposit in the State by establishing a cement plant in the State.
“Following several engagements and assessment of the viability of the proposed opportunity, DIL agreed that it would establish a cement plant in Kogi State and provide the entirety of the substantial capital required for the investment.
“DIL also agreed, following a specific request by KSG, to use the OCP name (albeit only existing on paper as of that time, and without any assets or operations) for the time being, as the vehicle for this investment. On 30 July 2002, KSG and DIL entered into a binding agreement to document their understanding. The agreement was amended in 2003 and remains binding on, and legally enforceable by, the parties to same,” the statement explained.
On the issue of an Agreement between Dangote and Kogi State Government, the statement gave a summary. It noted that “it was agreed, inter alia, that: DIL would establish a cement plant with a capacity of 3,500,000 metric tonnes per annum; DIL shall hold 100% of the shareholding in OCP, and source for all the funds required to develop the cement plant; KSG shall have the option to acquire 5% equity shareholding in OCP within 5 years; and KSG shall grant tax relief and exemption from levies and other charges by KSG for a period of seven (7) years from the date of commencement of production.”
“Consistent with the terms of agreement, DIL sourced for 100% of the funds that was used to develop the plant without any contribution from KSG. In line with its rights, ensuring alignment with the Dangote Brand, as part of internal restructuring and for better market recognition the name of OCP was changed to Dangote Cement Plc in 2010, and a number of other significant cement companies (such as the Benue Cement Company) owned by DIL were merged with OCP to become the enlarged Dangote Cement Plc”, the statement added.
On the issues of ‘Execution of the Agreement: The Plant, Taxes, Shares & Dividends’, the statement noted, “DIL assiduously and at significant cost met all the terms of the agreement between it and KSG in relation to OCP. It built the cement factory, much bigger and better than envisaged.
“KSG could not meet its financial obligations of contributing to the funding the plant in any form; neither could KSG fund acquisition of 5% equity shares in OCP when it was asked on a number of occasions to exercise the purchase option.
“KSG also did not meet its obligations to grant waiver of taxes, charges and levies that it could charge the operations, affairs and activities of OCP. Rather despite being entitled (under the terms of the agreement with KSG) to tax relief and exemption from charges and levies by KSG for a period of seven (7) years from the date of commencement of production, OCP (and now DCP) has paid all due sub-sovereign taxes, levies and charges to KSG since it commenced production in 2007.
“KSG does not have any form of investment or equity stake in OCP, so no dividend or other economic and/or shareholding rights whatsoever could have accrued to it from the operations of the company”, the statement added.
On the issue of the Acquisition of the Plant Site, the statement noted that, “After the agreement between DIL and KSG in 2002, DIL in 2003, applied to KSG for the acquisition of land for the plant site, and this application was granted with the issuance of three Certificates of Occupancy to DIL. DIL to the knowledge of KSG, paid substantive compensation to Obajana Farmland Owners located within the two (2) square kilometres plant site.
“Subsequently, in September 2004, DIL, in good faith, applied to the State Governor for the statutory consent for DIL to assign the plant site to OCP being DIL’s investment vehicle. This consent request was granted by the State Governor and the appropriate consent fees were paid by DIL”, it added.
Shedding more light on the company’s engagement with Kogi State Government, the statement explained that, “The investment of DIL in Kogi State through OCP was at the instance of the duly constituted government of Kogi State, done in accordance with the law of the State and all enabling laws in that regard, and the transaction documents were effectively, lawfully and duly executed by the Governor and Attorney General of the State (at the time), after internal approvals were obtained within the government.
“Since the inception of Alhaji Yahaya Bello’s administration in 2016, and regardless that government is a continuum, we have had series of enquiries about the ownership structure of the Dangote Cement PLC as it relates to the alleged interest of KSG; and had several engagements with the officers of the State government including Governor Yahaya Bello. At all of these engagements we have provided all the details and information supported by relevant documents, required by the Government and the State House of Assembly to confirm our lawful investment.
“For instance, in 2017, we were invited by the Judicial Commission of Inquiry, and we made our submission to the commission with relevant documents to support our position. We are yet to receive any feedback from the Judicial Commission of Inquiry. While still waiting to hear of the report of the Inquiry, we were invited by the State House of Assembly on the same matter earlier this year, and again, we provided evidence in support of our position that KSG does not have any equity or other interest in OCP or DCP.
“On Wednesday 5 October 2022, hundreds of dangerously armed men, other than law enforcement officers, attacked our cement plant in Obajana, Kogi State, destroyed our property, inflicted grievous injuries on many of our employees, and shutdown operations at the plant. KSG has admitted that the armed invaders acted on its instructions, and in furtherance of the recent enquiry by the Kogi State House of Assembly in connection with the ownership of the Obajana Cement Plant.
“Curiously, on 6 October 2022, a day after the shutdown of our facility in Obajana on the orders of KSG, Governor Bello addressed the public and announced that a Specialised Technical Committee which was set up as part of the recommendations of the Judicial Commission of Inquiry had just presented its recommendations, which have been accepted by KSG. This statement makes it abundantly clear that the shutdown of DCP’s plant occurred regardless of the Governor’s own confirmation that implementation of the recommendations of the Specialised Technical Committee was still pending”, the statement noted.
Focusing on the current state of play, the company said, “Whilst we do not want to speculate on the motivation for the spurious claims being made by KSG in relation to the ownership of the Company, which have resulted in the unfortunate unlawful forcible closure and damage of our plant, and injury of several people, we condemn in strongest possible terms, the unlawful shutdown of our plant by KSG sponsored armed-thugs, the damage to our property (including the looting of large sum of money kept in the office), and grievous injury inflicted on our employees by them.
“This disruption of operations at the plant has caused loss of revenue not only to our company and its customers but has also adversely impacted revenue due to both the Federal and State governments. It has also occasioned loss of jobs for the teeming youths who are daily paid workers that throng our plant for their daily sustenance.
Appealing for overall peace and calm, the statement noted, “We implore all our stakeholders, namely shareholders, customers, suppliers, employees, and the entire community of Obajana and Kogi State at large to remain calm while we follow the legitimate and lawful process to resolve this matter. We shall keep our stakeholders duly updated whilst we remain confident that the statutory and contractual rights of DIL shall be upheld by these legal processes which we have initiated.”
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From Construction Sites to Community Service: Temitope Akinyemi Emerges as a Model of Leadership and Impact
Energy experts in Nigeria’s downstream petroleum sector have defended the pricing structure of the Dangote Petroleum Refinery, accusing some fuel markers of attempting to blackmail the refinery and mislead the public over the recent increase in petrol prices.
The experts said reports suggesting that the refinery’s latest adjustment is solely responsible for the recent hike in fuel prices were misleading, noting that importers are also bringing in petrol at almost a N1,000 per litre, while the refinery’s coastal price is N948 and the gantry or ex-depot price stands at N995 per litre.
They stressed that public comparisons fail to consider the differences in pricing structures and supply channels.
According to the experts, N948 per litre represents the coastal delivery price, which refers to petroleum products transported by marine vessels or barges from the refinery to depots along the coastline. On the other hand, N995 per litre represents the gantry or ex-depot price, which is the rate paid by marketers who load petrol directly from the refinery into tanker trucks at the loading gantry for onward distribution across the country.
The experts explained that the two figures should not be interpreted as conflicting prices but rather as different logistics arrangements within the petroleum distribution chain.
Speaking with our correspondent on Sunday, energy expert David Okon said the pricing adjustments were inevitable given prevailing market conditions.
According to him, Dangote Petroleum Refinery & Petrochemicals operates in a deregulated market and procures crude at international prices, which have risen sharply due to geopolitical tensions in the Middle East.
“The refinery is already absorbing part of the cost to cushion the impact of the crisis on Nigerians. We can see what is happening in other parts of the world where shortages and scarcity are being reported despite higher prices, yet the Dangote Refinery has continued to guarantee domestic supply,” he said.
Okon explained that when the refinery previously sold petrol at N774 per litre, crude oil was landing at about $68 per barrel. However, with crude now arriving at roughly $95 per barrel, the cost difference of about $27 per barrel translates to nearly N40,000 per barrel when converted to Naira.
“You cannot expect a refinery to continue selling at the old rate under those circumstances,” he added.
“If imported products were truly cheaper, importers would still be selling at the previous prices.”
He warned that without local refining capacity, Nigeria could have faced severe fuel shortages, long queues at filling stations and a resurgence of black market sales.
“Without the Dangote Refinery, many filling stations would likely shut down, queues would return across the country and black market traders would exploit the situation, hawking four litres keg at N20,000 or more. The refinery has effectively prevented that scenario,” he said.
Another analyst, Mohammed Ibrahim, also faulted narratives circulating in some quarters suggesting that the refinery’s pricing adjustment was responsible for worsening economic hardship in the country.
Accusing some importers of attempting to manipulate public perception, he said, “What we are seeing is nothing but deliberate blackmail by some fuel importers who feel threatened by local refining.
“They are twisting the pricing structure to mislead Nigerians and create unnecessary panic in the market.
“By exaggerating the refinery’s gantry price and ignoring the comparable costs of imported fuel, they are trying to make it appear as though Dangote Refinery is the cause of rising prices and economic hardship. This is a calculated attempt to protect their import businesses and undermine local refining, which is meant to reduce our dependence on imported petrol.”
Ibrahim added that such narratives were aimed at portraying the refinery as the reason Nigerians were struggling with higher petrol prices.
He stressed that petrol pricing in Nigeria is largely influenced by global crude oil prices, exchange rate fluctuations, and distribution logistics, noting that these factors affect both locally refined and imported fuel in the country’s deregulated market.
Afolabi Olowookere, Managing Director and Chief Economist at Analysts’ Data Services and Resources (ADSR) Limited, explained that although Nigerians expect refined products from the refinery to be significantly cheaper, prevailing market realities such as global crude oil prices, the cost of crude supply and refining margins make substantial price reductions unlikely in the short term.
“Therefore, improving domestic crude allocation to the refinery would strengthen supply stability and enhance the long term benefits of local refining for the economy,” Olowookere noted.
Recent conflicts in the Middle East and disruptions along key shipping lanes have tightened global oil supply, pushing crude prices past $90 per barrel, a development that directly raises the cost of both imported and locally refined petrol in Nigeria.
The unrest has pushed up fuel costs and transportation in several countries, including Ghana, the United States, the United Kingdom, South Africa, India, Canada, Brazil, Germany, France, and Japan, as rising crude prices increase the cost of refining, distribution, and logistics globally.
CHETACHI NWOGA-ECTON EMPOWERS 300 WIDOWS IN IMO
A renowned humanitarian and proud daughter of Mbaise in Imo State, High Chief (Dr.) Princess Chetachi Nwoga-Ecton, has empowered over 300 widows and vulnerable women across the Owerri Zone, in a remarkable demonstration of compassion and service to humanity.
The empowerment programme, which took place at the Palace of the Eze of Ngor Okpala, HRH Eze Engr. Fredrick Nwachukwu, brought together community leaders, traditional rulers, women groups and beneficiaries from different communities within the zone.
During the event, the widows received food materials and cash support, aimed at helping them meet basic needs and strengthen their small-scale businesses.
The initiative was widely applauded as a timely intervention to support women who often face severe economic hardship after losing their spouses.
Many of the beneficiaries expressed heartfelt appreciation to High Chief (Dr.) Nwoga-Ecton, describing the empowerment as a lifeline that would help them take better care of their families.
Some widows, while offering prayers for the philanthropist, noted that the gesture had restored hope and dignity in their lives.
Fondly known as Ada Imo and Adaure, High Chief (Dr.) Princess Chetachi Nwoga-Ecton has earned widespread admiration for her consistent humanitarian efforts both within Nigeria and internationally.
Through her philanthropic activities and foundations, she has continued to support widows, children, and vulnerable communities with interventions in healthcare, welfare and economic empowerment.
Community stakeholders who attended the programme commended the Mbaise-born philanthropist for her generosity and dedication to uplifting the less privileged, noting that her actions reflect true leadership and compassion.
Observers say the initiative further reinforces her growing reputation as one of the most impactful humanitarians of this generation, whose commitment to humanity continues to inspire hope across Imo State and beyond.
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