- Awards Damages For Pollution Of Host Communities’ Water Sources
A FEDERAL High Court sitting in Makurdi on Monday found Dangote Coal Mines Ltd., a subsidiary of Dangote Group, culpable of violating extant mining laws and regulations in its coal mining operation in Abache in Effa Clan of Ugbokolo Ward in Okpokwu LGA of Benue State.
The court therefore awarded damages in the sum of ten million naira against the company for the pollution of River Umabe, River Okolo, and River Okpanowa, three major sources of water depended on by the host communities as well as several other communities living downstream.
In the judgement delivered by the Honourable Justice Abdu Dogo via zoom, the court granted all but one of the prayers brought before it by the plaintiffs, who are representatives of Effa Clan under Ugbokolo Ward and the communities under it.
The plaintiffs, Chief Mohammed Adoga, Mr. John Ocheke, and Mr. Alex U. Onoja, the Clan Head, President General and Secretary General respectively of Effa Community, suing for themselves and on behalf of Effa Community in Suit no. FHC/MKD/CS/34/2023 before the Federal High Court, Makurdi sought for seven reliefs against Dangote Coal Mines Ltd.
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However, while granting the prayer for the award of costs for damages for the pollution, Justice Dogo, in his view, granted N10 million as against the N500 million prayer by the plaintiffs.
While agreeing with the plaintiffs that Dangote Coal Mines Ltd clearly violated extant mining laws and regulations as prayed for and argued by the plaintiffs, Justice Dogo however denied the specific relief sought by the plaintiffs to stop the company from operating the mining lease until it complied with relevant laws, especially the signing of a Community Development Agreement (CDA) which Dangote Coal Mines Ltd failed to sign before embarking on mining.
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The court specifically held that Dangote Coal Mines having failed to sign a CDA in addition to hiding relevant information, amongst other things, acted in violation of extant mining laws in the country.
Details later…