Court Dismisses Alleged Farmland Degradation Suit against Construction Company

A Kaduna State High Court has dismissed a lawsuit brought against Datum Construction Nigeria Ltd, which accused the company of degrading farmland at its quarry site in Kujama, Kaduna State. The court ruled that the suit, initiated by alleged farmland owner Shekwogaza Joseph Audu, lacked merit.

Justice Edward Andow stated that while Audu might have had legitimate concerns about damage to his land, he failed to present the legally required evidence to support his claims. The lawsuit, filed in 2021, sought to halt the company's activities, including rock blasting and quarrying, which Audu claimed diminished his land's value and rendered it unproductive for farming.

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While Audu may have genuine concerns regarding the damage to his land, he had completely failed to present the quality of evidence required by law to sustain his claims.

Audu had requested a court order for Datum Construction to remove any objects affecting his peaceful possession and use of the land. He also sought N5 million in damages, alleging that the company's activities led to a loss in food quality and production. Datum Construction, however, denied the allegations, asserting its status as a responsible corporate citizen. The company presented a Quarry Lease granted by the Federal Ministry of Mines and Steel Development, valid until 2027, and Environmental Audit Certificates from the National Enforcement Agency (NESREA) as proof of its compliance.

The court's judgment emphasized that allegations of forgery in civil suits require proof beyond a reasonable doubt, a standard Audu did not meet. Furthermore, the court noted that Audu failed to prove his legal title or interest in the farmland, including its size and borders, which undermined his standing to bring the case.

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Apart from mere assertions, the plaintiff failed to prove its legal title or interest on the farmland or the size and borders of the land. This robs him of locus standi in this case.