Rockbridge Building Restricted has urged a Benue State Excessive Courtroom sitting in Otukpo to dismiss a go well with filed by three aggrieved indigenes of Awulema-Alaglanu-Oglewu Group of Ohimini native authorities council in Benue over alleged hazardous quarrying actions.
The corporate, in its ultimate written tackle filed by its workforce of attorneys, led by Emmanuel Ekpenyong Esq. of the regulation agency of Fred-Younger & Evans LP earlier than Justice G.A. Omale, argued that the court docket lacked the jurisdiction to entertain the go well with since points regarding mines and minerals are underneath the unique jurisdiction of the Federal Excessive Courtroom.
The plaintiffs, Adoga Michael, Aiko Aboje and Frank Adigwu, had filed the go well with for themselves and on behalf of the Awulema-Alaglanu-Oglewu neighborhood of Ohimini native authorities council within the state.
They mentioned they’re farmers and indigenes of Awulema-Alaglanu-Oglewu in Oglewu District of the native authorities and residents within the mentioned neighborhood.
They mentioned they’re the neighborhood’s youth leaders and have the mandate and the authorisation of the neighborhood to take care of the motion on their behalf and in opposition to the named defendants.
The plaintiffs sued Rockbridge Building and Chief Bernard Ejembi, as first and second defendants, for themselves and on behalf of the Alaglanu Clan/Settlement within the native authorities.
The plaintiffs sought N500 million collectively and severally in opposition to the defendants “being basic damages for the environmental air pollution, harm to buildings/constructions, basic inconveniences and related well being hazard occasioned by the actions of the first defendant in connivance with the 2nd defendant in Awulema-Alaglanu-Oglewu Village/Settlement in Oglewu District of Ohimini native authorities council of Benue State.”
Within the writ of summons dated October 28, 2022, additionally they sought an order compelling the defendants to present impact to the suggestions of the Nationwide Environmental Requirements and Laws Enforcement Company (NESREA) vide REF NO: NESREA/BNS/RCC/53/25 dated January 26, 2017.
They equally sought an order compelling the corporate to droop additional actions in Awulema-Alaglanu-Oglewu within the Oglewu district of the native authorities in Benue State, pending full compliance with NESREA’s advice in its report of 26 January 2017.
Nonetheless, in its assertion of defence dated November 30, 2022, and filed by Ekpenyong, the corporate denied all of the plaintiffs’ allegations.
Rockbridge Building argued that the plaintiffs will not be representing the pursuits of the Awulema-Alaglanu-Oglewu neighborhood as a result of its elders have disassociated themselves from them.
It said that the elders maintained that the neighborhood would proceed to take pleasure in a superb relationship with the corporate.
The corporate mentioned that in a letter dated October 7, 2022, the neighborhood elders withdrew their help from the plaintiffs, stating that “the plaintiffs don’t characterize their curiosity.”
Opposite to the plaintiffs’ argument, its quarrying actions on the web site don’t have any antagonistic impact or brought about any hardship to the Awulema-Alaglanu-Oglewu Village as a result of the positioning is much from the village.
In accordance with the corporate, the primary defendant has been finishing up quarrying actions on the web site for near 17 years, and if its quarrying actions have been affecting the plaintiffs, they won’t wait till after 17 years to complain.
It insisted that its quarrying actions don’t have any hazardous results within the space.
In addition to, the corporate argued that it isn’t aware about the plaintiffs’ neighborhood letter of grievance to the Federal Mines Officer, Mines Inspectorate Division, Makurdi.
Rockbridge Building faulted the plaintiffs’ declare that NESREA carried out an investigation on its quarrying actions and returned a damning verdict in opposition to it when NESREA itself issued a subsisting Environmental Audit Certificates.
The corporate, nonetheless, said that it isn’t conscious of NESREA’s investigation or its report dated January 26, 2017, on its investigations in opposition to it and urged the court docket to not connect any weight to the purported report as a result of it was a duplicate of a public doc that was admitted.
“This reveals the report was not from correct custody,” it mentioned.
In his ultimate written tackle, Ekpenyong equally argued that the issuance and repair of the originating processes within the go well with marked OHC/85/2022 exterior the jurisdiction of Benue State are incompetent, faulty, and liable to be struck out as a result of depart of Courtroom was not sought and obtained earlier than commencing the go well with in opposition to the corporate, which has its place of work in Abuja.
He mentioned the plaintiffs additionally didn’t adjust to the provisions of Sections 96 and 97 of the Sheriffs and Civil Course of Act.
“Rockbridge Building Firm Restricted, during which the plaintiffs sued, is neither a pure, juristic, nor company particular person.
“It is usually not a correct, fascinating and obligatory celebration on this go well with, so the title ought to be struck out.
“The plaintiffs don’t have any locus standi to institute this go well with in a consultant capability on behalf of Awulema-Alaglanu-Oglewu Group.
“The plaintiffs haven’t confirmed by any credible proof, by calling skilled witnesses to testify, that they’ve suffered damage because of the purported acts of negligence of the corporate.
“The plaintiffs’ claims in opposition to the celebration are caught up with the defence of volenti non match injuria,” the lawyer mentioned.
He additional submitted that the corporate has ready a formidable defence on the deserves in opposition to the plaintiffs’ claims in court docket.
He additionally mentioned that the primary defendant (firm) has proven that it discharged its obligations to the Awulema-Alaglanu-Oglewu Group on the materials time.
In accordance with him, the celebration was denied its proper to a good listening to in the course of the trial of this go well with.
“This honourable court docket doesn’t have territorial, procedural and subject material jurisdiction to entertain this go well with.
“On a steadiness of likelihood, the celebration has proved its case and is entitled to judgment in its favour,” he added.
Due to this fact, Ekpenyong urged the court docket to dismiss the go well with as frivolous, missing benefit, and an abuse of court docket course of.
In his ultimate written tackle filed by his lawyer, Sunday Ayegba, Chief Ejembi prayed the court docket to resolve the three points raised within the go well with in favour of the defendants and dismiss the go well with.
In his deposition on oath, Ejembi, who mentioned he resides at Alaglanu-Oglewu Group, averred that the elders of Awulema Group denied any involvement within the letter of pre-action served on the corporate and the following submitting of the current case.
He mentioned they wrote a letter dated 7 October 2022, during which the elders said that they didn’t agree with the plaintiffs’ letter of pre-action.
He alleged that the elders maintained within the letter that they have been in a superb relationship with the corporate.
Ejembi mentioned the plaintiffs would not have their residences inside the neighborhood to undergo any type of inconvenience to his information.
In addition to, he mentioned that the quarrying and crushing web site was a reserved space of land by the Alaglanu Group for a similar function since 1960. The location had existed as such and was utilized by a number of street building corporations and stone-breaking corporations.
Nonetheless, within the ultimate written tackle filed on December 5, 2024, by the plaintiffs’ counsel, P.A. Omengala, they urged the court docket to enter judgment of their favour concerning their claims.
They mentioned that they’ve proved their case to be entitled to the court docket’s judgment in that the go well with will not be statute-barred, neither is the defence’s argument of volenti non match injuria relevant, and the identical has not been pleaded.
The plaintiffs additionally submitted that the court docket has the ability to discountenance the addresses of the defendants, having not addressed the essential points within the case.
They mentioned that upon service of the originating course of on the corporate and Ejembi, they filed their statements of defence.
They mentioned the corporate, nonetheless, filed a preliminary objection difficult the competence of the substantive go well with on a number of grounds.
The plaintiffs mentioned they filed their response to the preliminary objection, and the preliminary objection was struck out on Could 17, 2023, for need of diligent prosecution.
They mentioned they filed pre-action notices, which have been served on the corporate, bitterly complaining concerning the hazardous results of its actions on their neighborhood and the necessity to treatment the state of affairs, however to no avail.
In accordance with them, the plaintiffs then complained to NESREA in a letter dated 26 January 2017 concerning the hazardous results of the quarrying actions.
They mentioned that NESREA gave a damning verdict concerning the firm’s actions and advised measures to ameliorate them, however nonetheless to no avail; therefore, their neighborhood determined to strategy the court docket.
Within the go well with, the plaintiffs referred to as three witnesses to show their case and tendered 4 paperwork marked as reveals, whereas the defence equally referred to as three witnesses and tendered some paperwork to again their argument.
After the events adopted their ultimate written addresses on April 29, Justice Omale fastened June 9 for judgement.
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