N1.5 BILLION SUIT AGAINST HYPPADEC, NIGER HIGH COURT ASSUME JURISDICTION OVER THE CASE 

BY UTHMAN  BABA-SIRAJDEEN

The High Court 4 in Minna, the capital 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.

Counsel to the Defendant had argued in his application before the court that the state high court can not sit over the matter since the plaintiffs didn’t disclosed any cause of action against N-HYPPADEC and that the applicant is not a necessary party in the case and therefore cannot be joined in the suit.

Responding to the application,  counsels to the plaintiffs,  Barrister YG Koroka, GB Ibrahim and AI Sidi had told the court that Niger state is the states that house the headquarters of  N-HYPPADEC and that the communities before the court are from Niger State praying also before the court to dismissed the application and award them two million naira as 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 as the complain made the defendant a necessary party to the suit.

The judge in his ruling stated that “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 concluded