A Benue State High Court sitting in Otukpo has reserved judgment for June 9, 2025, in a N500 million environmental degradation lawsuit filed by members of the Awulema-Alaglanu-Oglewu community against Rockbridge Construction Limited and Chief Bernard Ejembi.
The plaintiffs—Adoga Michael, Aiko Aboje, and Frank Adigwu—filed the suit in a representative capacity on behalf of their community in Ohimini Local Government Area of Benue State, alleging that prolonged quarrying activities have caused significant environmental damage.
According to court documents, the community claims that the quarrying operations conducted by Rockbridge Construction, allegedly in collaboration with Chief Ejembi, have polluted their environment, 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," plaintiff Adoga Michael testified during cross-examination.
The plaintiffs are seeking N500 million in general damages, an order to halt further quarry activities in the area, and full compliance with recommendations issued by the National Environmental Standards and Regulations Enforcement Agency (NESREA) in a report dated January 26, 2017.
Company Disputes Court Jurisdiction
Rockbridge Construction, represented by lead counsel Emmanuel Ekpenyong of Fred-Young & Evans LP, has challenged the court's jurisdiction, arguing that issues concerning mining and minerals fall exclusively under the Federal High Court's purview.
"The Benue State High Court cannot adjudicate on matters that are constitutionally reserved for the Federal High Court," Ekpenyong submitted to the court.
The company further contended that the suit was procedurally flawed, claiming it was filed and served outside the state without obtaining leave of court, thereby violating Sections 96 and 97 of the Sheriffs and Civil Process Act.
Additionally, Rockbridge disputed the plaintiffs' legal standing, presenting a letter dated October 7, 2022, in which community elders allegedly disassociated themselves from the lawsuit, stating: "The plaintiffs do not represent the interest of the community and we wish to continue our cordial relationship with Rockbridge Construction."
Defendants Deny Environmental Damage
Chief Bernard Ejembi, named as the second defendant, denied any wrongdoing, asserting that "the quarrying site was reserved for such activities since 1960" and that "the plaintiffs are not even resident in the affected area and cannot claim to be directly impacted."
Rockbridge Construction maintained that its operations have not caused environmental damage, pointing to a valid Environmental Audit Certificate issued by NESREA as evidence of compliance with regulations.
"If the company's quarrying activities were truly hazardous, why did NESREA issue a subsisting certificate?" Ekpenyong argued before the court.
The plaintiffs' counsel, P.A. Omengala, countered these claims in his final written address, maintaining that the case was properly filed and the claims substantiated with credible evidence, including documents and witness testimony proving the impact of quarrying activities on the community.
Omengala also noted that a preliminary objection filed by the defendants had been 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, 2025, for judgment.