Mkpoikana Udoma
Port Harcourt – The Federal High Court sitting in Port Harcourt has adjourned the matter of alleged environmental pollution brought against Indorama Eleme Petrochemicals and Fertilizer Limited, by one Kingsley Mba-Ngei and others from Alesa community, one of the non-host communities of the firm in Rivers State.
The case, with suit number FHC/PH/CS/23/2024 was presided over by Justice Stephen Dalyop Pam who ruled that the matter be adjourned to 6th June 2024 to enable the parties to file their pleadings.
The lead counsel of the plaintiffs, Mohammed Ndarani Mohammed, SAN, had made his arguments but the Indorama lead Counsels argued otherwise.
After oral submissions, the judge ruled that the substantive matter cannot be heard immediately because it was brought to the court via originating summons and not writ of summons.
Speaking to newsmen after the court session, Counsel to Indorama, Godwin Omoaka, explained what transpired inside the court, while the Counsel to the plaintiffs declined questions from the press after the proceedings.
Omoaka said: “My Lord wanted to direct parties to file pleadings because the matter was commenced by Originating Summon. But the counsel for the plaintiff, wanted the court to hear the matter on originating summons, but my Lord took the view that the matter was a contested matter, so parties should file pleadings so the matter can proceed to trial. And we agreed to that.
“My Lord ordered that the matter be filed on pleadings and we will come back on June 6, this year, having completed the pleading processes, which means that they will have to file their application of claims, we will file our statement of defense and then they will reply, if need be we will file a rejoinder.
“But the bottom line is that the court is not going to hear the case based on originating summons as presently constituted today”.
Meanwhile, a crowd of youths from the host communities were at the court premises to show solidarity to Indorama Eleme Petrochemicals and Fertilizer group.
The plaintiffs are alleging that Indorama polluted their waterbodies in the cause of their production and therefore they are claiming trillions of Naira against the company.