Three youth leaders from the Awulema-Alaglanu-Oglewu community in Ohimini Local Government Area of Benue State, have dragged Rockbridge Construction Limited and Chief Bernard Ejembi to court, demanding N500 million in damages over alleged environmental degradation caused by quarrying activities in their area.
The plaintiffs—Adoga Michael, Aiko Aboje, and Frank Adigwu—filed the suit in a representative capacity on behalf of their community. They told the Benue State High Court sitting in Otukpo that the quarrying had destroyed farmlands, contaminated water sources, damaged buildings, and posed serious 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,” Adoga Michael told the court during cross-examination.
Aside from the monetary compensation, the plaintiffs are seeking an order stopping further quarry operations in the area and full implementation of the recommendations made by the National Environmental Standards and Regulations Enforcement Agency (NESREA) in its report dated January 26, 2017.
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However, Rockbridge Construction, through its counsel Emmanuel Ekpenyong of Fred-Young & Evans LP, countered the claims, stating that the court lacks the jurisdiction to entertain the matter. He argued that cases relating to mining and minerals fall exclusively under 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 also challenged the procedure through which the suit was filed and served, claiming it violated Sections 96 and 97 of the Sheriffs and Civil Process Act, as it was done outside the state without the court’s leave.
Rockbridge further questioned the plaintiffs’ legal standing, presenting a letter dated October 7, 2022, in which elders of the Awulema-Alaglanu-Oglewu community allegedly dissociated themselves from the legal action.
“The plaintiffs do not represent the interest of the community and we wish to continue our cordial relationship with Rockbridge Construction,” the letter read.
Chief Bernard Ejembi, the second defendant, denied any complicity, insisting the site had been designated for quarrying since 1960. “The plaintiffs are not even resident in the affected area and cannot claim to be directly impacted,” he said in his deposition.
The construction firm also claimed that its operations were certified safe, noting 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 asked.
Responding in his final written address, plaintiffs’ counsel, P.A. Omengala, insisted the court was competent to hear the case, and that the plaintiffs had provided credible evidence through documents and witness testimonies.
“The plaintiffs have presented credible evidence, including documents and witness testimony, to prove the impact of the quarrying activities on the community,” Omengala said, urging the court to rule in their favour.
He also pointed out that an earlier preliminary objection filed by the defence had been struck out due to lack of diligent prosecution.
Meanwhile, both sides called three witnesses each and tendered several exhibits during the proceedings. Justice G.A. Omale has now reserved judgment for June 9, following the adoption of final written addresses on April 29.
