Cross River: Daniel Asuquo Drags Gov Otu, 11 Others To Court Over Closure Of Mining Site at Akamkpa Community

Legal battle has ensued between the Cross River state government and the former House of Representative member, Hon. Daniel Asuquo over alleged closure of mining site at Akamkpa local government area.

Also dragged to Court by Asuquo, who represented Biase and Akamkpa Federal Constituency, include the Attorney General and Commission for justice; the State Chairman of Anti-illegal Mining Taskforce Prince Paul Effiong, the Nigeria Police Force, Nigeria Security and Civil Defence Corps, the Nigeria Army, and 4 others.

(9) others.

The case, filled at the Federal High Court of Nigeria Port-Harcourt Judicial Division with suit number FHC/PHC/CS/ 147/2025, is led by Asuquo's counsels, D. T Tarhemba, Esq and David Iornum Saando, Esq. It was dated August 12, 2025.

Other applicants in the suit are Olayi Mines and Energy Ltd, Achu Fidelis Inyambe and Doveline investment Nigeria limited.

The Applicants among others are seeking an “An order of interlocutory injunction restraining the defendants/respondents from further invading the applicants mining site at Akamkpa Local Government Area of Cross River State, arresting the applicants interfering/obstructing the exploration/mining activities of the respondents pending the determination of the suit filed by the applicants against the respondents which is pending before the Federal High Court of Nigeria Calabar Judicial Division in suit No FHC/CA/CSs/41/2025.

“An order of mandatory interim injunction restraining the Respondents from further arresting and impounding the applicant’s mining equipment’s at Akamkpa Local Government Area of Cross River State pending the determination of the originating summons filed by the applicants against the respondents in suit N0: FHC/CA/CS/41/2025 which İs pending at Federal High Court Calabar. And for such order or further orders as this Honorable Court may deem fit to make in the circumstances of this matter.

“That the applicants are seeking the Honorable court to upon interpretation of the above statute, to answer the poser below to wit whether or not the 1%, 2nd, 3rd and 4th respondents have the powers to regulate solid minerals in Nigeria other than the Federal Government of Nigeria.

“That the Applicants are at the imminent danger of losing their mining business if this Honorable Court shall not urgently intervene to rescue them from the hands of the Respondents.

“The 1,2,3 and 4 respondents have no power to invades the mining site of the applicants who are title holders of small scale mining lease at Akamkpa and impound the mining equipment of the applicants without a valid court order nor handing it over to security agencies or taken the same to the court of competent jurisdiction for a direction.

“That the 3rd and 4th applicants have also filed an application for joinder before Federal High court Calabar on 9th July 2025 based on the interpretation of sections 1,2,3 and 4 of the Nigerian minerals and mining Act 2007 and are challenging the illegal invasion of the 3rd and 4th applicants mining site at Akamkpa Local Government Area of Cross River State by the respondents and the seizure of their mining equipment valued over two hundred million 200,000,000.00 and taken to unknown destination.

“That the 1, 2nd, 3rd and 4th respondents while the pendency of the suit against them at Federal High Court Calabar have continues invading the mining site of the Applicants at Akamkpa Local Government Area of Cross River State, intimidating the applicants interfering/obstructing the applicants exploration and mining activities unabated unless this Honorable court shall intervene.

“That Federal High Court Calabar is on vacation and it is only Federal High Court Port-Harcourt that the vacation court is currently sitting covering Calabar Judicial

“That the applicants are under siege under the hands of the 1, 2nd, 3rd and 4 division respondents to be arrested anytime if they dare near their mining site despite the fact that the applicants are the legitimate title holders of small scale mining lease and exploration license granted to them by the Honorable Minister for Solid Minerals Development and the Director General Mining cadastral Abuja.

“That the 1,2nd, 3rd and 4th respondents are using thugs and the 5th, 6 and 7th defendants/respondents and are about to arrest the applicants and their privies anytime from now except this Honorable court shall intervene.

“There would be the urgent need for this Honorable court to hear and determine this application and grant mandatory interim injunction restraining the respondents from futher interfering/obstructing the mining activities of the applicants or further arresting the applicants pending the determination of the applicants suit at Federal High Court Calabar.”

It further stated: “That the 4th respondent has already moved excavators to the mining site of the applicants at Akamkpa Local Government Area and is already extracting the solid minerals at the detriment of the applicants.”

“The applicants have loss revenue of over N500,000,000.00 million Naira due to the actions of the respondents and continues losing revenue on daily basis unless this Honorable court shall intervene if not it shall lead the applicants to irreparable loss.”

The Court, however, enjoined all parties to “take further notice that at the hearing of this Application, the Applicants

shall rely on the following grounds. The 1 and 2nd applicants have filed an originating summons before Federal High Court of Nigeria Calabar Judicial Division in sult No FHC/CA/CS/41/2025 seeking the interpretation of section 1,2,3 & 4 of the Nigerian minerals and mining Act 2007.

“That the delay by the applicants in filing the interlocutory application before Federal High Court Calabar, was due to the complaint of the Applicants to the inspector General of Police Abuja, against the 4th respondents for the acts of incessant invasion of the Applicant’s mining site at Akamkpa Local Government of Cross River State, using the 5th, 6th, 7th respondents and thugs.

“That the Police could not help matters due to the fact that the matter is still in Court and reverting to Federal High court Calabar to seek for interim/interlocutory orders it has become cumbersome due to the current vacation of federal High court Calabar, except Federal High court Port Harcourt which is sitting as a vacation court covering Cross River State.