N1.5 billion suit against N-HYPPADEC, Niger court assumes jurisdiction
The High Court 4 of Niger State has assumed jurisdiction over the siut instituted by communities affected by the construction of Zungeru dam against the National Hydro Electric Power Producing Areas Development Commission (N-HYPPADEC) and two other Ministers demanding for payment of compensation amounting to N1.5 billion.
The presiding Judge, Justice Mohammed Mohammed on 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 can not 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, counsels to the plaintiffs, Barrister YG Koroka, GB Ibrahim and AI Sidi argued that Niger state is one of the states that forms N-HYPPADEC and that the communities before the court are from Niger State . The therefore prayed the court to dismissed the application and award them two million naira cost.
Justice Mohammed Mohammed in a ruling held that, ” the complaints of the applicants are within the jurisdiction of this court against the defendant who is also by law resident in Niger 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 cost of N100,000.00 against the applicant”, he ruled.
