NASEER MIJINYAWA
The Minna High Court number four has ordered the Federal Ministry of power to pay the sum of over one trilion naira to Samboro Community of Madaka District in Rafi Local Goverment as Compensation.
Justice Mohammed Adishetu Mohammed who gave the Order in over one hours judgement delivered on Thursday avered that the construction of Zungeru Hydro power dam in the Samboro Community has created untold hardship to the people of the Community who are mainly farmers.
Alhaji Abubakar Usman the village head of Samboro Community and 2,844 other members of the community had on April 27, 2023 approached the court through their Counsel Muhammed Ndarani Mohammed SAN in a case number NSHC/ Kut/6/2023.
Justice Mohammed in his Judgement, asserted that the plaintiffs are the original inhabitants of the vast expanse of land situate , being and lying at Samboro Community, constituting about 7,868 hectares in Rafi Local Goverment area of Niger State, the subject matter of this case as provided under section 41(1) of the Constitution of the Federal Republic Nigeria, 1999 and section 8(c) and (h) of the Hydro Electric power producing Areas Development Commission Act, 2010
He reafirmed that it is the joint and several acts of the deffendants in the construction of Zungeru Dam Project which lead to the continuous flooding and errosional confrontations on Samboro Community, that has overtime occasioned untold and continuous destruction of the sources of livelihood of the plaintiffs, thereby forcefully ejecting them from their ancestral homes and subjecting them to untold and immeasurable hardship and causing irreparable damages to the plaintiffs’ means of livelihood.
Further more, Justice Mohammed pointed out that having regard to the extant provisions of Section 39 of the Land use Act and section 44(1a &1b) of the Constitution of the Constitution of the Federal republic of Nigeria, 1999 as (amended) ,” this court is clothed with the Jurisdictional competence to entertain, hear and determine the reliefs of the plaintiffs for the award of monetary compensation”
He insisted that the plaintiffs, being the original inhabitants of Samboro Community, in Rafi Local Government Area of Niger State, having suffered as a result of the acts of the defendants are entitled to monetary compensation for the destruction of their enviromental and economic livelihood and survival for total annihilation of the people.
He ordered an perpetual injunction restraining the defendants, their servants, agents, privies and or assigns whosever and howsoever from trespassing or further acts of trespass or doing any act or actions, conduct of breach prejudicial and or reprehensive to the plaintiffs’ right , interest ownership,possention and occupation on the land situate, being and lying at Samboro Community, constituting about 7,868 hectares of land in Rafi Local Goverment area of Niger State
” An order is hereby given directing the 1st deffendant to pay to the plaintiffs, forthwith,the sum of one trilion,one hundred and fifty billion, five hundred and ninety five million, forty seven thousand and two hundred and eighty eight naira (N1,115,595,047,288) as monetary compensation for the destruction of their farmlands, houses, ponds, sabotage to their economic welfare and survival,untold hardship and total annihilation of all their resources of livelihood in Samboro Community in Rafi Local Goverment area of Niger State
” That an order is hereby given directing the 1st deffendant to pay the sum of One hundred million naira (N100,000,000) as general damages and cost of prosecuting this suit and legal representation at ten percent post Judgement interest per annum”
The development of Mariga Local Government Area remains my priority
Executive Chairman, Mariga Local Government Area