Africa-Press – Nigeria. A Benue State High Court sitting in Otukpo has reserved judgment for June 9, 2025, in a N500 million environmental degradation suit filed against Rockbridge Construction Limited and Chief Bernard Ejembi by three members of the Awulema-Alaglanu-Oglewu community in Ohimini Local Government Area.
The plaintiffs- Adoga Michael, Aiko Aboje, and Frank Adigwu filed the suit in a representative capacity, alleging that prolonged quarrying activities by the company, in alleged connivance with Chief Ejembi, had polluted their environment, damaged buildings, and posed health risks to residents.
“We are youth leaders and have the mandate of our community to take this matter up. The quarrying has affected our farmlands, polluted our water sources, and made life unbearable,” one of the plaintiffs, Adoga Michael, told the court during cross-examination.
They are seeking N500 million in general damages, an order halting further quarry activities in the area, and full compliance with recommendations by the National Environmental Standards and Regulations Enforcement Agency (NESREA) as contained in a report dated January 26, 2017.
However, Rockbridge Construction, in its defence filed by lead counsel Emmanuel Ekpenyong of Fred-Young & Evans LP, contended that the court lacks jurisdiction, arguing that issues concerning mining and minerals fall exclusively under the purview of the Federal High Court.
“The Benue State High Court cannot adjudicate on matters that are constitutionally reserved for the Federal High Court,” Ekpenyong submitted.
He further argued that the suit was procedurally flawed, as it was filed and served outside the state without obtaining leave of court, thus violating Sections 96 and 97 of the Sheriffs and Civil Process Act.
The company also disputed the plaintiffs’ legal standing, stating that the elders of the Awulema-Alaglanu-Oglewu community had formally disassociated themselves from the suit.
In a letter dated October 7, 2022, the elders said, “The plaintiffs do not represent the interest of the community and we wish to continue our cordial relationship with Rockbridge Construction.”
Chief Bernard Ejembi, the second defendant, also denied any wrongdoing. “The quarrying site was reserved for such activities since 1960. The plaintiffs are not even resident in the affected area and cannot claim to be directly impacted,” he stated in his deposition.
Rockbridge further asserted that its operations had not caused any environmental damage and that NESREA had issued it a valid Environmental Audit Certificate. “If the company’s quarrying activities were truly hazardous, why did NESREA issue a subsisting certificate?” Ekpenyong argued.
The plaintiffs’ counsel, P.A. Omengala, in his final written address, maintained that the case was properly filed and that the claims were substantiated.
“The plaintiffs have presented credible evidence, including documents and witness testimony, to prove the impact of the quarrying activities on the community,” he stated.
He urged the court to disregard the defendants’ objections and enter judgment in favor of the plaintiffs.
Omengala added that the preliminary objection filed by the defendants was earlier struck out for want of diligent prosecution.
Both parties called three witnesses each and submitted several documents as exhibits. After adopting their final written addresses on April 29, Justice G.A. Omale fixed June 9 for judgment.
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