A Benue State High Court sitting in Otukpo has dismissed a suit seeking a N500 million damages against Rockbridge Construction Limited over its alleged hazardous quarrying activities in a community in Benue State.
Justice G.A. Omale held in a judgment, that the quality and quantum of the evidence adduced by the plaintiffs was not sufficient, convincing and strong enough to sustain the reliefs claimed.
Three aggrieved indigenes of Awulema-Alaglanu-Oglewu Community of Ohimini Local Government Council in Benue State had sued Rockbridge Construction Ltd and Chief Bernard Ejembi for himself and on behalf of Alaglanu Clan/Settlement in Ohimini local government as 1st and 2nd defendants.
The plaintiffs, Adoga Michael, Aiko Aboje and Frank Adigwu, through their Counsel, P.A Omengala had filed the suit for themselves and on behalf of Awulema-Alaglanu-Oglewu Community of the State.
They said they are farmers and indigenes of Awulema-Alaglanu-Oglewu in Oglewu District of Ohimini local government and residents in the said community.
The plaintiffs said they are also the youth leaders of the community and have the mandate and the authorisation of the entire community to maintain the action on their behalf and against the named defendants.
They sought the sum of N500 million jointly and severally against the defendants “being general damages for the environmental pollution, damage to buildings/structures, general inconveniences and associated health hazard occasioned by the activities of the 1st defendant in connivance with the 2nd defendant.”
In the writ of summons dated October 28, 2022, they also sought an order compelling the defendants to give effect to the recommendations of the National Environmental Standards and Regulations Enforcement Agency (NESREA) vide Ref No: NESREA/BNS/RCC/53/25 dated the 26th January, 2017.
They sought an order compelling the company to suspend further quarrying activities in Awulema-Alaglanu-Oglewu in Oglewu District of Ohimini local government of Benue State, pending full compliance with the recommendation of NESREA vide its report of 26th January, 2017.
But Rockbridge Construction Limited, through its lead counsel, Emmanuel Ekpenyong urged the court to dismiss the suit.
The company, in its final written address, argued that the court lacked the jurisdiction to entertain the suit on the grounds that issues relating to mines, minerals and quarrying are under the exclusive jurisdiction of the Federal High Court.
Also in its statement of defence dated November 30, 2022, and filed by Ekpenyong, the company denied all the allegations of the plaintiffs and argued that by a letter dated October 7, 2022, the elders of the community had withdrawn their support from the plaintiffs, stating that “the plaintiffs do not represent their interest.”
It further argued that contrary to the contention of the plaintiffs, the company’s quarrying activities at the site had no negative effect and has not caused any hardship to the Awulema-Alaglanu-Oglewu Village because the site is far from the village.
The company insisted that its quarrying activities have no hazardous effect in the area and is conducted in line with international best practices.and argued that it was not privy to the plaintiffs’ community letter of complaint to the Federal Mines Officer, Mines Inspectorate Department, Makurdi.
Rockbridge Construction faulted the plaintiffs’ claim that NESREA carried out an investigation on its quarrying activities and returned with a damning verdict against it when there is a subsisting Environmental Audit Certificate issued by NESREA to it.
Chief Ejembi, in his final written address filed by his lawyer, Sunday Ayegba, prayed the court to resolve the three issues raised in the suit in favour of the defendants and dismiss the suit.
In his deposition on oath, Ejembi, who said he is the Alaglanu clan head and resides at Alaglanu-Oglewu Community, averred that the elders of Awulema Community denied any involvement in the letter of pre-action served on the company and the subsequent filing of the present case.
Ejembi said the plaintiffs do not have their residences within the community to suffer any form of inconvenience to his knowledge.
Besides, he said that the quarrying and crushing site was a reserved area of land by Alaglanu Community for quarrying activities since the year 1960 and the site had existed as such and in use by several road construction companies and stone breaking companies.
He urged the court to strike out his name from the suit since no cause of action was established against him.