From Godwin Tsa, Abuja
Land owners and occupiers of two communities in Ashiagu Ivo Local Government Area of Ebonyi State have urged the Federal High Court to commit the Ministers of Mines and Steel Development, Chief Henry Dele Alake and his counterpart in the Federal Ministry of Environment, Balarabe Abbas Lawal to prison for alleged disobedience to subsisting order of the court.
Also included in the committal proceedings are the Director General and Chief Executive Officer, National Environmental Standards and Regulations Enforcement Agency (NESREA), Prof. Aliyu Jauro, the director General Mining, Obadiah Simon Nkom, Nwokeji Nneamaka and Onwuzurumba Chibuike, who are the directors and alter ego of the 1st defendant (Zothmann Mining Ltd), and the company Secretary respectively.
This is contained in notice of motion in suit marked FHC/ABJ/CS/320/2021 filed by Igweajah Pius Ogbonnia (judgment creditor/garnishor) for himself and on behalf of landowners and occupiers at Oviri Onuogbu Amaedim and Ngwogwo community in Ishiagu Ivo LGA of Ebonyi State.
In the motion on notice filed by counsel to the plaintiff, Nkemakolan Okoro pursuant to order 35 rule 1 (28) and rule 2 of the Federal High Court Civil Procedure rule 2019, the landowners have urged the court to commit the defendants to prison and detained in custody until they obey the order of the court made on March 11, 2024.
In the said order in reference, Justice Inyang Ekwo directed the defendants to comply with relevant statues which specifically provided by a minimum range of 3000 meters (3km) gab between the siting of a quarry site and living houses, to avert looming catastrophic human disaster in Oviri Onuogbu Amaedim and Ngwogwo community, Ishiagu Ivo LGA of Ebonyi State.
The plaintiff averred in his supporting affidavit that despite the subsisting order of the court, Nwokeji Victor, Nneamaka who are directors and the alter ego of Zothmann Mining Ltd and Onwuzurumba Chibuike who is the company Secretary, have refused and neglected to comply with it.
That except they are sent to prison, they will continue to disobey the orders of court made on March 11, 2024.
Justice Ekwo had declared that the refusal, failure of the 1st and 2nd defendants (Zothmann Mining Ltd and Victor Nwokeji) to first carryout an Environmental Impact Assessment (EIA) on its mining and blasting site and observe the required mining distance from the residential homes of the plaintiffs to the quarry mining and blasting site, are illegal, wrongful, unconscionable and unlawful.
A declaration that it is illegal, wrongful, unlawful, unconscionable, null and void and of no effect whatsoever for the 4th defendant (NESREA) to neglect or fail to ensure that the 1st and 2nd defendants first carried out it’s duty and obligation of conducting and presenting the 4th the Environmental Impact Assessment/Statement (EIA/EIS) as well as the Environmental Permits and mining permit before granting the 1st and 2nd defendants licence to embark on installation of equipment and intending commencement of works in the plaintiffs community.