By Uthman Baba-Naseer,Minna.
A High Court sitting in Minna has ordered the Hydro Electric Power Producing Areas Development Commission (HYPADEC) to pay N2.076 billion in compensation to the Danu Jumu Community in Rafi Local Government Area of Niger State over losses allegedly caused by flooding from the release of water from a dam.
Justice Mohammed Adishetu Mohammed, who delivered the judgment in Suit No. NSHC/MN/77/2023, also directed HYPADEC and other defendants to resettle the affected community to a safer location away from the dam.
The suit was instituted by Umar Isah and Mohammed Attahiru, through their attorney, Kabir Ibrahim of Summit Chambers. They argued that the defendants’ refusal to compensate and relocate the community, despite similar interventions for other affected communities, was unlawful.
Also joined as defendants in the suit were the Attorney General of the Federation and the Minister of Power.
In his judgment, Justice Mohammed held that although the defendants denied liability and filed their defence after being served with court processes, the plaintiffs successfully proved their case.
The judge noted that the plaintiffs called four witnesses, while HYPADEC called one witness. The Attorney General of the Federation and the Minister of Power did not call any witness.
Justice Mohammed also ruled that the witness statements of the plaintiffs’ principal witnesses were properly signed, sworn before a Commissioner for Oaths, and duly adopted before the court in accordance with the law.
He consequently resolved the sole issue for determination in favour of the plaintiffs.
The court ordered the defendants to pay N2.076 billion as compensation for the destruction of farmlands and buildings in the community caused by flooding resulting from the release of large volumes of water from the dam.
In addition, the court directed the defendants to relocate and resettle the affected community in a safer location away from the dam.
The court also awarded N500 million as general damages, N500 million as the cost of litigation, and N1 million in costs against the defendants.
