By Stephen Ojo
The Federal Ministry of Power and the Nigeria Electricity Liability Management Company have requested the Federal High Court II in Minna to transfer the suit on three hydro power stations in the state over nonpayment of ground rents to State High Court for lack of jurisdiction.
Counsel to the 1st and 2nd defendants, Oba Maduabuchi (SAN) in a motion on notice,on Monday sought the order of the court transferring the case to state High Court, which according to him is the court that has requisite jurisdiction
They said that the motion on notice was based on five grounds and supported by six paragraphs of affidavit.
He argued that particulars of the case showed that it is about collecting rents , stating, “this Federal High Court has enumerated jurisdiction. It is not proper to come to the court with this case”.
“Further more, the Federal High Court lacked the jurisdiction to adjudicate cases regarding lands and rent issues”, he argued.
In response, Counsel to the applicant, Aliyu Ibrahim Lemu SAN urged the court to throw out the motion for lack of merit, arguing that no relief was sought in the motion and that the counsel to the first and second defendants misconstrued the suit of the plaintiff.
“Despite the attempt to change the colouration of the suit by the defendants, we want to make it clear that the case is an action seeking the interpretation and enforcement of the Niger State administration law 2022”,he said.
Justice Abdullahi Mohammed Dan-Ige of the Federal High Court II after hearing from the two parties fixed June 10, 2024 to rule on the motion on the jurisdiction of the court.
Krestnews reports that the Plaintiff; Niger State Internal Revenue Service filed dual cases against the North-South Power Company Limited and its Power Generating Station as well as the Mainstream Energy Solutions Limited and its Power Generating Stations demanding multi billion naira payment as ground rents