A major legal showdown is brewing at the Federal High Court in Asaba as seven residents of Ndokwa Nation in Delta State have filed separate but similar suits against the Federal Government, Delta State Government, and several key agencies in the power sector over what they describe as “decades of criminal neglect” and “gross human rights violations” resulting from the continued denial of electricity supply to their communities.

The Applicants—Nzete Davidson, Adimali Endurance, Chukwudi Ejechi, Kingsley Ossai, Stanley Adoh, Chinedu Okoro, and Osuya Chukwunwike—are all indigenes of the Ndokwa ethnic nationality.

The suit was separately filed on their behalf by the Principal Partner of The Chambers of Evans Ufeli, Mr Evans Ufeli.

They are seeking judicial intervention to compel authorities to end the blackout and grant them access to electricity generated from the Okpai Independent Power Plant (IPP)—a multibillion-naira power station located on their ancestral land.

Despite being the host community to one of Nigeria’s major power plants, the Ndokwa people allege that they have lived in darkness for over a decade, while the electricity generated in their backyard is transmitted to major cities including Abuja, Lagos, and other states in the federation.

Powerless Hosts

In one of the suits filed by Nzete Davidson, the Federal Government, the Honourable Minister of Power, the Nigerian Electricity Regulatory Commission (NERC), the Niger Delta Power Holding Company (NDPHC), the Governor of Delta State, and the Delta State Commissioner of Police are listed as Respondents.

The suit is brought pursuant to Sections 33, 34, 35(1), 38, 39, 40, 41(1), and 42 of the 1999 Constitution of Nigeria (as amended), as well as Articles 4, 5, 10, and 19 of the African Charter on Human and Peoples’ Rights.

The Applicants In their separate suits argue that the denial of power supply to their host communities violates their fundamental rights to life, dignity, development, and freedom from discrimination.

In his affidavit, deposed along with the suit, Davidson stated that it is a bitter irony and constitutional insult that his community hosts the power plant that feeds the nation, yet remains in darkness.”

Environmental hazard without benefit

The Applicants further lament that in addition to being cut off from the national grid, the Ndokwa people suffer the consequences of constant gas flaring, environmental degradation, and toxic emissions resulting from the operation of the power plant—all without any form of compensatory benefit.

Mr. Chinedu Okoro, in his own suit, described the situation as “modern-day internal colonisation,” saying, “We live next to power but use lanterns and generators. We breathe toxic air daily. We are sacrificed for national comfort.”

The communities, according to their pleadings, are deprived of economic development, and the lack of electricity has affected healthcare, education, small-scale enterprises, and general quality of life.

They contend that the actions and inactions of the Respondents amount to structural discrimination, marginalisation, and violation of Nigeria’s constitutional and international obligations.

Protest Met With Police Brutality

On June 10, 2025, the people of Ndokwa organised what they described as a peaceful protest to press home their demand for electricity.

Letters were reportedly written and acknowledged by the Nigeria Police, Nigerian Army, and the Nigeria Security and Civil Defence Corps (NSCDC), notifying them of the planned demonstration.

However, instead of engaging with the protesting communities, armed police officers under the command of the Delta State Commissioner of Police allegedly violently dispersed the protesters using tear gas and excessive force.

Several protesters, including Nzete Davidson, were allegedly arrested and detained unlawfully.

Kingsley Ossai, another Applicant, said, “At no point did we block roads or destroy anything. We simply asked to benefit from what is ours. They responded with tear gas, batons, and unlawful detention.”

Reliefs sought

In their respective suits, the Applicants are praying the court to issue multiple reliefs, including:

“A declaration that the continuous blackout constitutes a violation of their rights to dignity, life, development, and non-discrimination.

“A declaration that the violent disruption of peaceful protest and subsequent arrests infringed on their rights to peaceful assembly and expression.

“An order directing the Federal and Delta State governments, NERC, and NDPHC to immediately ensure the step-down of electricity from the Okpai IPP to the host communities.

“An order of mandamus compelling NERC to issue and enforce regulatory compliance directives for equitable distribution of electricity to Ndokwa communities.

“An order for the unconditional release of all detained protesters and award of N5 billion in general and exemplary damages against the Respondents for the unlawful deprivation of basic infrastructure, environmental hardship, and violation of fundamental rights.

“An order that the judgment sum be paid with 5% monthly interest before judgment, and 25% interest annually thereafter until fully liquidated.

Awaiting court date

Though the suits have been filed, a hearing date is yet to be fixed. (Vanguard)