Lideal Mines Company has approached the Court of Appeal in Makurdi, seeking to overturn a Federal High Court order that restrained it from accessing its mining site in Endo Community, Udege Development Area of Nasarawa Local Government Area, Nasarawa State. The order, issued on May 11, 2026, barred all parties involved in the dispute from entering or carrying out mining activities within the contested cadastral units, pending determination of the substantive case.
The appeal was filed through the company’s lead counsel, Martin Ojonimi Atojoko, and challenges what the firm described as an interlocutory ruling that effectively shut down its operations in the area. The dispute has also triggered administrative action by the Nasarawa State Government, which directed the company to withdraw its personnel, equipment and facilities from the site following the court’s decision.
Legal Arguments
Lideal Mines, however, is insisting that the trial court erred in law by making pronouncements that, in its view, went beyond the scope of an interlocutory application and touched on the substance of the main dispute. The company argued that the central question before the court relates to whether the Nasarawa State Government has any constitutional or statutory authority to suspend or interfere with mining operations licensed by the Federal Government. It maintained that this core issue remains unresolved and should not have been indirectly determined at an interlocutory stage.
In its Notice of Appeal, the mining firm contended that the effect of the lower court’s ruling was to grant judicial backing to contested executive actions before the legality of those actions was fully examined. The company further argued that the decision effectively prejudged the substantive dispute between the parties.
Consequences of the Order
According to Lideal Mines, the trial court’s approach amounted to a premature determination of issues that ought to have been resolved only after full hearing and evaluation of evidence. It insisted that the interlocutory order had far-reaching consequences, as it halted its operations and altered the status quo in a way that, it claims, prejudices its rights as a licensed operator. The company also faulted the legal basis of the ruling, arguing that the lower court failed to properly consider the constitutional implications of state intervention in federally regulated mining activities.
The appeal is part of a broader litigation already pending before the Federal High Court in Abuja, where Lideal Mines is challenging what it described as the unlawful suspension of its operations and alleged takeover of its mining site. In the substantive suit, the company is demanding N5 billion in damages from the Nasarawa State Government, the state Attorney-General, and Ganfeng Lithium Industry Limited. It is also seeking declarations that the suspension and evacuation notices issued on February 4, 2026, and March 10, 2026, are unconstitutional, invalid and of no legal effect.
Next Steps
Lideal Mines is therefore asking the Court of Appeal to set aside the interlocutory order and restrain further enforcement of the ruling, arguing that the appeal raises serious constitutional and jurisdictional questions. Meanwhile, the company has filed a separate motion before the Federal High Court in Abuja seeking a stay of execution of the May 11 ruling, pending the determination of its appeal. It warned that allowing the order to remain in force could render the appeal meaningless and prejudice the outcome of the substantive matter currently before the court.
