The High Court 4 of Niger State has assumed jurisdiction over the suit instituted by communities affected by the construction of the Zungeru Dam demanding payment of compensation amounting to N1.5 billion.
The suit is against the National Hydro Electric Power Producing Areas Development Commission (N-HYPPADEC) and two ministers.
The presiding judge, Justice Mohammed Mohammed, Thursday assumed jurisdiction over the case in a ruling on an application that sought to disqualify the state High Court from sitting over the matter filed by the counsel to the first defendant, Barrister A. E. Shi.
He argued in the application that the court as a state high court cannot sit over the matter and that the plaintiffs’ claims didn’t disclosed any cause of action against N-HYPPADEC.
He also argued that the applicant is not a necessary party and aught not to have been joined in the suit.
However, in response to the application, counsel to the plaintiffs, Barrister YG Koroka, GB Ibrahim and AI Sidi, argued that Niger is one of the states that form N-HYPPADEC and that the communities before the court are from Niger State, he therefore prayed the court to dismiss the application and award them two million naira cost.
Justice Mohammed Mohammed in a ruling held that the complaints of the applicants were within the jurisdiction of the court against the defendant who is also by law resident in the state.
He ruled that the matter can adequately and conveniently be heard by the high court in Niger State, adding that the complaint of the plaintiffs is against the management on control of the defendant in relation to them. Their complaint made the defendant a necessary party to the suit.
“On the whole and all the reasons stated, I hold that this application is bereft of substance and same is hereby dismissed with a cost of N100,000 against the applicant,” he said.
