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By Correspondent.
A Benue State High Court sitting in Otukpo has dismissed a ₦500 million lawsuit filed against Rockbridge Construction Limited over alleged environmental damage caused by its quarrying activities in Ohimini Local Government Area.
Justice G.A. Omale, who delivered the judgment, ruled that the plaintiffs failed to provide sufficient, convincing, and credible evidence to support their claims.
The plaintiffs,Adoga Michael, Aiko Aboje, and Frank Adigwu — had sued Rockbridge Construction Ltd and Chief Bernard Ejembi for themselves and on behalf of the Awulema-Alaglanu-Oglewu Community.
They sought ₦500 million in general damages, claiming environmental pollution, structural damage, inconvenience, and health hazards linked to the company’s operations.
They also requested that the court compel the company to implement the recommendations of a 2017 NESREA report and suspend all quarrying activities until full compliance was achieved.
However, Rockbridge, represented by Emmanuel Ekpenyong Esq. of Fred-Young & Evans LP, asked the court to dismiss the suit, arguing that only the Federal High Court had jurisdiction over mining-related matters.
It further denied all allegations and presented a 2022 Environmental Audit Certificate from NESREA (Exhibit D1) as evidence of compliance with environmental standards.
The company also cited a 2022 letter from the community elders disassociating themselves from the plaintiffs’ claims and affirming continued cordial relations with the company.
Chief Bernard Ejembi, represented by Sunday Ayegba Esq., also denied the allegations, stating that the land had been reserved for quarrying since 1960 and that the plaintiffs were not residents of the affected area.
In his judgment, Justice Omale ruled that the case was properly before the State High Court, adding that it was founded on tort, not federal mining laws.
He also rejected the objection concerning the naming of the defendant company and held that the company, having filed a defence, could not now contest its name in the suit.
The judge struck out Chief Ejembi’s name, ruling that no cause of action had been established against him.
On the central issues, the court found that the NESREA certificate tendered by the company was strong evidence of compliance, while the plaintiffs failed to submit documentary or expert evidence, including medical reports, to support their claims.
Justice Omale held that the law requires direct and substantial proof of damage in tort claims such as negligence or nuisance. The plaintiffs, he said, failed to meet this standard.
“The plaintiffs deliberately withheld evidence which, if tendered, would have been detrimental to their case,” the judge said.
He said,“Sentiments have no place in judicial deliberation,” and emphasized that damages must be proved with credible evidence. As a result, the case was dismissed in its entirety.
Edited by Dada Ahmed.
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