The Nigerian Supreme Court has adjourned till January 17, 2022 the case involving Rivers and Imo states over the ownership of oil wells in Akri and Mgbede.
Rivers State lays claims to the oil wells, while Imo says the assets belong to it. For Imo, the disputed 43 oil wells are in Akri, Mgbede and Ejemekwuru in Oguta and Ohaji-Egbema local government areas of the state. But Rivers claims that the assets are in its Ogba-Egbema-Ndoni local government council.
For Rivers government, the adjournment indicates that the earlier order of injunction by the Supreme Court restraining the federal government and its agencies (National Boundary Commission – NBC, Revenue Mobilisation, Allocation and Fiscal Commission – RMAFC, and Federal Accounts Allocation Committee – FEEC) from ceding, still subsists.
At the resumed hearing of the suit No. SC.1037/2020 filed by Rivers attorney general (plaintiff) against the attorney general of the federation and other defendants on Monday, the nation’s apex court adjourned to 17 January next year, for hearing of the substantive matter.
In July this year, Rivers secured a Supreme Court order restraining the attorney general of the federation (AGF), its agencies, Imo State attorney general and RMAFC from taking any further actions in awarding oil revenues from the 43 oil wells to Imo.
At the court session on Monday in Abuja, the apex court did not take an intended motion to set aside the exparte order restraining the federal government and its agencies from ceding oil wells, located in Akri and Mgbede communities, to Imo. The counsel to the attorney general of the federation, Remi Olatubura and attorney general of Imo State, Olusola Oke, had wanted their motion challenging the jurisdiction of the Supreme Court to hear the matter to be heard, but the counsel to Rivers State led by Emmanuel Ukala, countered with a motion for direction to streamline all the other motions.
The Supreme Court’s seven-member panel of justices led by Kudirat Kekere-Ekun, then adjourned the matter to January 17, 2022 to hear the substantive matter.
Sebastian Hon, the counsel to Rivers State said the matter was adjourned to 17 January next year, when all interlocutory applications will be withdrawn and the substantive matter heard.
“Basically, it is a dispute that borders on some oil wells which Rivers State is claiming belongs to it. The defendants said the court ought to have taken their motion challenging jurisdiction first, but we said no, we have a motion for direction to streamline all the other motions. Then the court said, instead of wasting time, let’s wait till January (2022) to hear the substantive matter. Everything will be taken on that day. The defendants actually wanted the court to quash the injunction, but tacitly the court refused to go into that,” the Rivers counsel told newsmen in Port Harcourt.
Rivers State government had filed a suit against the attorney general of the federation and the attorney general of Imo State before the Supreme Court, asking for a declaration that the boundary between it (Rivers) and Imo as delineated on Nigeria’s administrative map 10, 11 and 12th editions and other maps bearing similar delineations, are inaccurate, incorrect and do not represent the legitimate and lawful boundary between Rivers and Imo. Rivers, through its attorney general also sought a declaration that the country’s administrative map 10, 11 and 12th editions and other maps bearing similar delineations with respect to the boundary between Rivers and Imo, are unlawful and void, and cannot be relied on to determine the extent of the territorial governmental jurisdiction of Rivers, and to determine the revenue accruing to the state from the federation account, including the application of the principle of derivation and other revenue allocation principles as contained in the 1999 Constitution.
The oil-rich Rivers is therefore, praying the Supreme Court to declare that all the oil wells within Akri and Mgbede communities are wrongly attributed to Imo State; and that they are all oil wells within its territory and form part of it; and that only it (Rivers) is entitled to receive the full allocation of the distributable revenue from the oil wells on the basis of the 13 percent derivation as contained under Section 162 of the 1999 Constitution.
