Construction firm asks Court to dismiss suit challenging quarrying activities in Benue

A construction company, Rockbridge Construction Limited, has urged a Benue State High Court sitting in Otukpo to dismiss a suit filed by three aggrieved indigenes of the Awulema-Alaglanu-Oglewu Community in Ohimini Local Government Area of Benue State over alleged hazardous quarrying activities.

In a final written address filed by its lead counsel, Mr. Emmanuel Ekpenyong, before Justice G.A. Omale, the company argued that the court lacked jurisdiction to entertain the suit, as matters relating to mines and minerals fall under the exclusive jurisdiction of the Federal High Court.

The plaintiffs, Adoga Michael, Aiko Aboje, and Frank Adigwu, who instituted the suit on behalf of themselves and the Awulema-Alaglanu-Oglewu Community, described themselves as farmers and indigenes of the said community in Oglewu District. They stated that they reside in the community and have the mandate and authorization of its people to maintain the action against the named defendants.

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The plaintiffs sued the company and Chief Bernard Ejembi as first and second defendants, respectively, representing the Alaglanu clan/settlement. They sought N500 million in general damages jointly and severally against the defendants for environmental pollution, damage to buildings/structures, general inconveniences, and associated health hazards allegedly caused by the quarrying activities of the first defendant in collusion with the second defendant in Awulema-Alaglanu-Oglewu Village.

In their writ of summons dated October 28, 2022, they also sought an order compelling the defendants to comply with the recommendations of the National Environmental Standards and Regulations Enforcement Agency (NESREA), referenced NESREA/BNS/RCC/53/25, dated January 26, 2017.

Furthermore, they sought an order directing the company to suspend further quarrying activities in Awulema-Alaglanu-Oglewu pending full compliance with NESREA’s recommendations.

However, in its statement of defence dated November 30, 2022, filed by Ekpenyong, the company denied all allegations, arguing that the plaintiffs do not represent the interests of the Awulema-Alaglanu-Oglewu Community. The company cited a letter dated October 7, 2022, wherein the community elders allegedly disassociated themselves from the plaintiffs, stating that they do not represent their interests.

The company maintained that its quarrying activities have had no adverse effects on the community, as the site is far from the village. It also argued that it has been operating at the site for nearly 17 years without any complaints, asserting that the plaintiffs’ allegations are baseless.

Rockbridge Construction also contested the plaintiffs’ claim that NESREA conducted an investigation that resulted in a damning report against it. The company argued that it possesses a valid Environmental Audit Certificate issued by NESREA and is unaware of the alleged investigation or report dated January 26, 2017. It urged the court to disregard the purported report, describing it as a copy of a public document admitted improperly.

In his final written address, Ekpenyong submitted that the company had fulfilled its obligations to the Awulema-Alaglanu-Oglewu Community and Alaglanu Community during the relevant period.

Separately, Chief Ejembi, through his lawyer Sunday Ayegba, prayed the court to resolve the three issues raised in the suit in favour of the defendants and to dismiss the case.

In his sworn deposition, Ejembi, a resident of Alaglanu-Oglewu Community, testified that the elders of Awulema Community denied involvement in the pre-action notice served on the company and in filing the present suit. He referred to the letter dated October 7, 2022, where the elders stated they were not in agreement with the plaintiffs’ pre-action notice and affirmed their good relationship with the company.

Ejembi further contended that the plaintiffs do not reside within the community and, therefore, could not have suffered any inconvenience. He also stated that the quarrying site is a reserved area allocated by the Alaglanu Community for quarrying purposes since 1960 and has been used by several road construction and stone-breaking companies over the years.

The plaintiffs called three witnesses and tendered four exhibits to support their claims, while the defence also called three witnesses and presented documents to support their arguments.

After the adoption of final written addresses by both parties on April 29, Justice Omale adjourned the case for judgment, which is scheduled for June 9.